- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 7.8.1999 passed by the Additional Sessions Judge, Pakur in Sessions Trial Nos. 195 of 1998/32 of 1998 whereby and whereunder the sole appellant Bodo @ Bora Tudu has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life.
(2.) THE case of the prosecution, in short, as per the fardbeyan of Lothru Tudu is that, in the night of 13.2.1998, the informant alongwith his son Dekhin Tudu (deceased) and daughter -in -law Nilmuni Marandi were celebrating Badhna festival. His neighbour, Bodo @ Bora Tudu was also celebrating the festival. The informant's daughter -in -law had gone near the house of Bodo @ Bora Tudu and because of that his son Dekhin Tudu picked up quarrel with her. While they were quarreling, the accused Bodo @ Bora Tudu came armed with iron 'sabal' (thick iron rod with one end pointed) and gave a blow on the head of Dekhin, causing bleeding injuries on the left eye and near the left ear. The deceased did not bear the injury and fell on the ground and died. On alarm, Babulal Tudu, Mishir Tudu and Kanhai Yadav came running and witnessed the occurrence. The accused seeing the said persons fled away and hid in his house. Even before the occurrence, there was quarrel in between the deceased and accused -appellant. On the basis of aforesaid fardbeyan, police instituted Pakur (M) P.S. Case No. 34 of 1998 dated 14.2.1998 under Section 302 o.f the Indian Penal Code and took up investigation. After completion of investigation, police submitted charge -sheet against the sole appellant Bodo @ Bora Tudu under Section 302 of the Indian Penal Code.
(3.) COGNIZANCE was taken of the offence under Section 302 IPC against the appellant and the case was committed to the Court of Sessions as the offence is exclusively triable by the Court of Sessions. Charge under Section 302 IPC waB framed against the sole appellant and was explained to him to which he pleaded not guilty and claimed to be tried.;