- (1.) Heard learned Amicus Curiae Mr. Manish Kumar and learned counsel for the State, Mr. Ram Prakash Singh, Additional Public Prosecutor.
(2.) The instant criminal appeal is directed against the judgment of conviction, dated 16.04.2012 and order of sentence dated 17.04.2012, passed by learned 1st Additional Sessions Judge, Seraikella-Kharsawan, in Sessions Trial No. 164 of 2006, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 302/34 and 201/34 of the Indian Penal Code and awarded sentence of rigorous imprisonment for life with a fine of Rs.2000/- and in case of default in payment of fine, to further undergo rigorous imprisonment for six months and appellant has also been awarded rigorous imprisonment for three years for the offence committed and punishable under Section 201/34 of the Indian Penal Code in addition to a fine of Rs.1000/- and in case of default in payment of fine further undergo rigorous imprisonment for three months. Both sentences are directed to run concurrently.
(3.) The prosecution case is based upon the fardbeyan of informant Mangal Singh Munda (P.W.-2) recorded by Sub-Inspector Raphael Murmu, In-charge of Dalbhanga O.P. on 06.09.2006 at 11:30 hours at Gutuhatu, wherein the informant has alleged that on 05.09.2006 at around 6:00 P.M., his son Turi Munda (deceased) went to perform puja ceremony at the house of co-villager Gurudyal Munda and after having puja and dinner, while he was returning, he met Geja Munda (appellant) on the way, who took the son of the informant to his house for having toddy. During taking toddy, some altercation took place between son of informant and Geja Munda, because of which Geja Munda and his wife Kalabati Mundain assaulted son of the informant by means of tangi. On brawl, daughter-in-law of the informant Chando Devi (P.W.-1) looked towards the courtyard of the house of Geja Munda and saw that Geja Munda and his wife Kalabati Mundain, after killing son of the informant, Turi Munda, were trying to remove the dead body. On information given by the daughter-in-law, the informant and other persons went there and thereafter both the accused persons were caught and tied by the villagers and information was given to the choukidar. The informant has claimed that because of old enmity his son Turi Munda has been taken by Geja Munda on the pretext of taking toddy and has been killed with the help of his wife Kalabati Mundain.;