- (1.) .The sole appellant Jivan Tudu has filed this appeal challenging the judgment of conviction and order of sentence dated 30.05.2000 and 31.05.2000 respectively, passed by 5th Additional Sessions Judge, Giridih in Sessions Trial No. 127 of 1999, whereby and whereunder he has been convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life.
(2.) THE case of the prosecution in short as per the fardbeyan of Lala Soren (P.W. -6) is that on the date of occurrence i.e. 26.07.1998 at about 5:00 P.M. Munia Manjhiain was sitting in the village lane along with her daughter -in -law and 3 -4 other women of neighbourhood and all were gossiping. In the meantime the appellant Jivan Tudu came there armed with farsa and gave 5 -7 repeated blow on the head of the Nunia Manjhiain. When other women sitting there tried to rescue her, the appellant threatened them. Out of fear they fled away from there and raised alarm. Nunia succumbed to the injuries. After committing murder of Nunia the accused -appellant fled away along with farsa. The cause of the incident was sudden anger caused by Munias enquiring from Jivan Tudu who was going somewhere armed with farsa as to where he was going. On the basis of aforesaid fardbeyan, Bengabad P.S. Case No. 48 of 1998 dated 26.07.1998 under Section 302 of the I.P.C. was instituted and police took up investigation. After completing the investigation, police submitted charge sheet against the appellant under Section 302 of the I.P.C. Thereafter cognizance was taken and the case was committed to the Court of Sessions as the said offence was exclusively triable by the Sessions Court. Learned court below framed and explained the charge to the accused under Section 302 of the I.P.C., to which he pleaded not guilty and claimed to be tried.
(3.) THE prosecution had examined altogether 12 witnesses in support of its case. Some documents were also brought on record and exhibited in evidence : -Ext -1 Series - the signatures of witnesses on the Seizure List and Inquest Report, Ext -2 - Post -mortem Report, Ext -3 - the fardbeyand, Ext -3/1 and 3/2 - the signatures of witnesses on fardbeyand, Ext -4 - carbon copy of Inquest Report, Ext -5 - the Seizure List, Ext -6 - the formal F.I.R. Ext -7 - the endorsement on fardbeyan and Ext -8 challan of farsa. The prosecution had also brought the incriminating farsa as material Ext -I.;