- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 4.3.2003 passed by the 9th Additional Sessions Judge, Hazaribagh in Sessions Trial No.314 of 1995 whereby learned Additional Sessions Judge having found the appellant guilty for the offence under section 302 of the Indian Penal Code for committing murder of Daso Bedia sentenced him to undergo imprisonment for life as well as to pay a fine of Rs.1000/ - and in default to undergo imprisonment for two months.
(2.) THE case of the prosecution is that the informant, Ram Prasad Sahu (P.W.1) while was in his house on 28.9.1994, came out of the house on hearing hulla at about 8.30 P.M. and saw the appellant, having knife in his hand, fleeing away from there. When he proceeded ahead and came near the house of Mahabir Rajak, he heard his servant Daso Bedia (deceased) shouting that the appellant has stabbed him. Immediately he noticed Daso Bedia under the pool of blood who was having injury over his abdomen. Meanwhile, villagers assembled there who after making arrangement were about to take the injured to Hospital but the deceased succumbed to his injuries. The informant could know from the people assembled there that just before, there had been verbal altercation in between the appellant and the deceased at the house of Agnu Rajak (P.W.2) where they had come to enjoy dancing and music programme arranged on the occasion of Jitia festival.
(3.) ON the next day, the informant Ram Prasad Sahu (P.W.1) gave his Fardbeyan (Ext.1) at about 8.15 P.M. before the Gola Police Station, upon which formal First Information Report (Ext.4) was drawn and the case was instituted under section 302 of the Indian Penal Code against the appellant. Thereupon, Birendra Prasad Yadav (P.W.8) the then Officer -in -Charge of Gola Police Station took up the investigation and came to the place of occurrence where he held inquest on the dead body and prepared inquest report (Ext.5) and sent the dead body for post mortem examination. Dr. Arun Kumar Mandal on holding autopsy did find the following injuries on the person of the deceased. " Stab wound 3 x 2 cm. x cavity deep on left chest back situated 12 cm. left to mid lime. The weapon passes through left tenth inter costal space and inters into small intestine and mesentry". ;