- (1.) Heard learned Amicus Curiae Mr. Rajesh Kumar and Learned Additional Public Prosecutor Mr. Abhay Kumar Tiwari.
(2.) Appellant is serving custody since 30.08.2008 during trial and upon his conviction for the charge under section 302/201 of the Indian Penal Code under the impugned judgment dated 19.01.2013 rendered by the learned District and Additional Sessions Judge, Ghatsila in Sessions Trial Case No. 41/2009, whereunder he has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/- under section 302 of the Indian Penal Code, in default whereof, to suffer additional rigorous imprisonment for one year and at the same time, ordered to suffer rigorous imprisonment for three years under section 201 of the Indian Penal Code with a fine of Rs. 5,000/- with similar default clause. Sentences were directed to run concurrently.
(3.) Prosecutor case is based upon the fardbeyan of the informant Niranjan Kisku (P.W.11) recorded by the Sub-Inspector P. Nag, Officer-in-Charge, Baharagora P.S. at 20.30 Hrs. at Angarisol village on 28.08.2008. The gist of the allegations, as narrated through the mouth of the informant, is inter-alia as under: The informant alleges that at 19.30 Hrs. beside his house, his neighbour Ramsai Hansda (P.W.5) along with informant's elder brother Sukhlal Kisku were sitting on parapet having tobacco when informant heard a brawl. Thereafter, he went towards the house of Ramsai Hansda and saw Khudu Hansda, son of late Tebru Hansda and younger brother of Ramsai Hansda, assaulting his elder brother Sukhlal Kisku with a bamboo stick on his head and causing him to fell down. On seeing this, he along with his brother and villagers called other persons to the place of occurrence and saw pool of blood lying near the house of Ramsai Hansda, but the informant's brother was not there. On being searched in torch light, his brother was found dead at a distance of 40 meters in a bamboo orchard near the house of Ramsai Hansda and his dead body was covered with a raincoat. He had suffered injury on his head and lot of blood was lying there. The informant further alleged that on 25th / 26th August, 2008, a football match was organized at Angarisol village. In that regard, his elder brother Sukhlal Kisku had asked the accused Khudu Hansda about profit and loss out of the proceeds of the football match, whereupon Khudu Hansda blamed his elder brother Ramsai Hansda and the informant's elder brother Sukhlal Kisku that they are acting as a leader and after saying this, he took over a bamboo stick lying close to parapet and assaulted the informant's elder brother Sukhlal Kisku on his head number of times and thereafter in order to conceal the evidence, dragged the dead body to nearby bamboo orchard. He further alleged that the accused Khudu Hansda also assaulted his elder brother Ramsai Hansda and rendered him injured.;