Kailash Prasad Deo,J. - (1.) Heard, learned counsel for the appellant, Mr. S. P. Roy and learned Additional Public Prosecutor, Mr. Manoj Kumar.
(2.) This appellant along with other co-accused Ram Bilash Sah, his own brother were tried for the charge of murder of their own uncle Ram Sakal Sah (the victim and informant) in furtherance of their common intention under Section 302/ 34 IPC in Session case No.177 of 1992/40 of 1995 before the learned 1st Additional Sessions Judge, Godda. Accused Ram Bilash Sah was acquitted of the charge while this appellant was convicted for the charge under Section 302 of the IPC by the impugned judgment dated 14.05.1996. He was accordingly sentenced to undergo imprisonment for life vide order of sentence dated 15.05.1996 passed by the learned trial Court.
(3.) Victim, Ram Sakal Sah son of late Hardyal Sah village- Lohandiya P.S.- Lalmatia, District- Godda recorded his fardbeyan before A.S.I., S. N. Singh of Lalmatia P.S. on 06.06.1992 at 23.00 Hours at Government Hospital, Mahagama and later on died during treatment on 07.06.1992. As per his statement at 7.00 P.M. on that date, Aklu Sah (appellant) was quarreling with his father Doman Sah (brother of the informant) in relation to some issue about a Drumstick tree. In the meantime accused Aklu Sah started beating his father and on brawl the informant's son Suresh Sah and informant reached there and separated them. Thereafter Aklu Sah started abusing the informant and also indulged in fisticuffs in which the villagers intervened and separated them. Thereafter Aklu Sah went inside his house abusing and in a fit of anger came out armed with bow and arrow from his house to the door of the informant and again started abusing. On being stopped, he threatened. Informant further alleged that in fit of anger Aklu Sah shot an arrow in the left side of his abdomen as a result of which informant fell down and became unconscious. Thereafter he was taken by his son and villagers to Mahagama Hospital for treatment. On these allegations informant asserted that Aklu Sah, son of Doman Sah has assaulted him with an arrow in his abdomen with an intention to kill him as a result of which he fell down and became unconscious.;