- (1.) Heard learned Amicus Curiae Mr. Mahesh Kumar Sinha, appointed by JHALSA to represent the appellant in the instant appeal and learned Additional Public Prosecutor Mr. Abhay Kumar Tiwari, representing the State.
(2.) In the present appeal, the appellant before us is suffering rigorous imprisonment for life upon his conviction under section 302 of the Indian Penal Code by the impugned judgment and order of sentence dated 30.04.2013 passed by the learned Principal Sessions Judge, Simdega in Sessions Trial No. 89/2009. He is in custody since 22.02.2009 during trial and thereafter on his conviction on 30.04.2013.
(3.) Brother of the deceased Vipin Bilung, the informant Basant Bilung, is the author of the fardbeyan reporting the first information of the occurrence to the Officer-in-Charge, Kolebira Police Station which led to the institution of Kolebira P.S. Case No. 7/2009 on 21.02.2009 at 13.00 Hrs. under section 302 of the Indian Penal Code against the sole named accused / appellant herein. His fardbeyan was recorded at 9.30 Hrs. on 21.02.2009 at village Shivnathpur at the residence of the appellant by the Assistant Sub Inspector Tapsi Bhagat (P.W.5) of Kolebira P.S. The gist of the allegations is as under: As per the informant, his younger brother Vipin Bilung (deceased) aged 25 years, had gone to Kondekera Bazar at 12.00 Hrs. on 20.02.2009 and he had also gone to the market to bring household goods. After purchase, they were returning to their home at Semartoli at 6.30 p.m. in the evening. At that time, the informant saw his younger brother Vipin Bilung (deceased) accompanying the accused Umlan Dungdung, son of late Nahu Dungdung of village Shivnathpur, P.S. Kolebira. As soon as the accused Umlan Dungdung reached near his house around 7.00 p.m. in the evening, informant saw an altercation between the two, which took the form of fight. During the course of fight, Umlan Dungdung procured a tangi (sharp cutting weapon) and knife from his house and inflicted an injury on the chin of the younger brother of the informant by tangi, as a result of which, he fell down and was rendered unconscious. Thereafter, he again inflicted knife blow on his neck. As a result of this, his brother Vipin Bilung died instantaneously. Umlan Dungdung (accused) fled away along with his wife. Informant raised a brawl and since it was night, number of villagers assembled there who were informed about the incidence. The informant claimed that the accused Umlan Dungdung had a pre-existing dispute with his younger brother Vipin Bilung for the reason that Vipin Bilung was keeping his wife. Since it was night, the incidence could not be reported to the police station and therefore, in the morning this information was brought before the police station. On these assertion, informant alleged that the accused Umlan Dungdung had, on account of pre-existing enmity, killed the informant's younger brother Vipin Bilung by assault with tangi and knife and fled away.;