- (1.) THIS criminal appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 22.9.2000 passed by the learned Sessions Judge, Singhbhum (West) at Chaibasa in S.T. No. 290 of 1998.
(2.) THE sole appellant was charged for committing murder of Durga Bhumij and was prosecuted under Section 302 I.P.C. The court below by the impugned judgment convicted the appellant under Section 302 I.P.C. and sentenced him to undergo imprisonment for life. The prosecution case, in brief, is that on 17.6.1998 at about midnight while the informant Soma Bhumij (P.W. 3) was sleeping in his house, his aunt Rani Bhumij (P.W. 5) called his father complaining that co -villager Jago Bhumij assaulted her husband Durga Bhumij with farsa. On hearing the same the informant and his father rushed to the place of occurrence, They saw the accused -appellant assaulting Durga Bhumij with farsa and giving blow on the neck of the deceased. On alarm co -villager Bir Singh Bhumij (P.W. 4) had also reached there and seen the occurrence. Villagers took the injured on a cot and kept him in the house as it was dead night and not possible to take him anywhere. In the morning they were getting ready to take Durga Bhumij to hospital but he succumbed to injuries.
(3.) ON the said fardbeyan of Soma Bhumij, formal F.I.R. was drawn and police took up investigation. On conclusion of investigation, the police submitted charge -sheet.;