- (1.) Heard learned counsel for the appellant, Mrs. Vandana Sinha assisted by Senior Counsel Mr. P.K. Verma and learned Additional Public Prosecutor, Mr. Gouri Shankar Prasad for the State.
(2.) The appellant Hopna Hansda is the sole appellant convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the judgment of conviction dated 07.08.1996 and order of sentence dated 08.08.1996, passed in Sessions Case No. 52 of 1995 by learned Sessions Judge, Godda.
(3.) The case of the prosecution has unfolded on the basis of the fardbeyan of Chono Murmu (P.W.-10) informant recorded at village Daharlangi in the house of informant at 6:00 hours on 12.12.1994 by sub-inspector Birendra Prasad, officer-in-charge of Boarijore P.S. Informant inter alia alleged as follows: That on 11.12.1994 the preceding night (Sunday) at 10 P.M. while he was sleeping after having food, Jetha Murmu (deceased) son of Late Sangram Murmu village Daharlangi and Hopna Hansda (accused) son of Late Damu Hansda of village Daharlangi came to his house in a state of heated exchanges and woke him up. He was suffering from fever. A small earthen lamp (dhibri) was lit in his house. Both of them asked the informant to mediate over their dispute. Upon this informant told them to come tomorrow. Hopna Hansda (accused) was demanding loan of Rs.20/- given to Jetha Murmu upon which Jetha Murmu (deceased) asked him to come along and he would pay it to him. Both started leaving his court-yard and informant followed them in his courtyard. Accused Hopna Hansda asked for Rs.20/- and Rs.10/- as interest over it, over which Jetha Murmu (deceased) refused to give the interest amount and stated that he would pay only Rs.20/-. This lead to more heated exchanges between the two and the informant saw Hopna Hansda (accused) took out a knife from his vest and inflicted an injury in Jetha Murmu's thigh, as a result of which he started bleeding. Informant took the dhibri (small earthen lamp) close to him and saw that Jetha Murmu had sustained injuries on his scrotum and blood was oozing out. Jetha Murmu immediately fell unconscious. Informant managed to put him on a cot but accused Hopna Hansda had fled immediately thereafter. Around within twenty minutes Jetha Murmu died. This incidence was witnessed by informant's wife Chhita Hansda daughter Maiku Murmu aged 25 years, son Jagan Murmu aged 22 years also. On hulla (shout) being raised villagers Nayan Tudu, Fulu Soren son of Dugu Soren, Gullu Murmu son of Kisun Murmu, Jitu Hansda and other villagers assembled to whom the incidence was narrated by informant.;