- (1.) THIS appeal has been preferred against the judgment of conviction and order of sentence passed by Sri Raj Narayan Prasad Singh, 1st Additional Sessions Judge, Dhanbad in Sessions Trial No. 421 of 1996 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.
(2.) THE prosecution case, in short, was that the informant Santosh Kumar Pandey alongwith his brother Vyas Pandey was going towards Mal Godam Station Road, met with the accused Uttam Ghoshal near the kirana_store of one_Nunu. Uttam Ghoshal. demanded Rs.7000/ - said to be due from Vyas Pandey. Vyas Pandey assured to repay the amount after arranging the amount. Hearing the same the accused -appellant Uttam Ghoshal abused Vyas Pandey and took out dagger from his pocket and inflicted 4 -5 blows repeatedly around the chest. Vyas Pandey fell down. He was immediately removed to Chaudhary Nursing Home where he died. In Chaudhary Nursing Home the said statement was given before the Police by Santosh Kumar Pandey. His fardbeyan was recorded by the S.I. of Police, Katras on 6.4.1996 at 12:15 hours. The occurrence said to have taken place on the same day at about 11 :00 hours. The Police registered the case under Sections 302/34 of the Indian Penal Code against the appellant -Uttam Ghoshal and two unknown accused persons allegedly accompanied the appellant. On completion of investigation the Police submitted charge sheet under Section 302 I.P.C. only against the appellant. Cognizance of the said offence was taken and the case was committed to sessions. The appellant pleaded not guilty and claimed to be tried. In his examination under Section 313 of the Cr.P.C. he denied the entire allegation and claimed that he was falsely implicated by the informant Santosh Kumar Pandey.
(3.) THE prosecution examined altogether nine witnesses, Learned trial court on completion of the trial relied on the oral testimony of P.W. 7 and P.W. 8 as well as the medical evidence of P.W. 4 and convicted the appellant under Section 302 of the I.P.C. and sentenced him to undergo life imprisonment.;