- (1.) THIS appeal is against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Seraikella, in Sessions Trial No. 419 of 1992, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment.
(2.) THE prosecution case was initiated on the basis of the fardbeyan of Santi Mundaeen (P.W. 4), widow of the deceased Joto Munda. Prosecution case briefly stated is that on 9.2.1992, at -about 7 P.M., when the informant's husband Joto Munda was sitting outside his house, Barju Munda younger brother of the deceased came there and quarreled with the appellant. Munda Munda (P.W. 2), intervened and pacified the matter. Some time later Barju Munda again came over there and picked up a brick lying nearby and hurled on Joto Munda causing grievous bleeding injury in the back side of his head. Joto fell down and became unconscious and next day at about 12 noon, he succumbed to the injuries and died. Case was registered on the basis of the fardbeyan of the informant on next date i.e. on 10.2.1992. The informant explained that as the incident took place in the night and there was no male member in the house and the distance of the place of occurrence was 14 K.M., she could not inform the police in night.
(3.) AFTER completion of investigation police submitted charge -sheet under Section 302 of the Indian Penal Code. Cognizance was taken of the said offence and case was committed to the court of sessions for trial.;