CHUNDA HANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole accused/appellant, Chunda Hansda has preferred this appeal against his conviction under Section 302 of the Indian Penal Code and sentence of R.I. for life vide judgment and order dated 15th December, 1993 passed by 3rd. Additional District & Sessions Judge, Dumka (S.P.) in Sessions Case No. 173/1992/109/93.

(2.) According to the prosecution story, one Pradhan Hansda, father of deceased Raska Hansda lodged an F.I.R. on 28.7.91 at 10.30 p.m. disclosing therein that on that date at about 4 p.m., he returned to his house from another village and found his son Raska Hansda in injured condition. He was informed by his grand-son Parmo Hansda, son of Raska Hansda that at about 2 p.m. while Raska Hansda and appellant Chunda Hansda were drinking wine, an altercation took place and suddenly, the appellant Chunda Hansda lifted a stone and assaulted Raska on the entire head as a result whereof Raska Hansda fell down and become senseless. It was further disclosed that villagers Gopin Kisko and Therhu Murmu were present at the time of the alleged occurrence. They tried to intervene but Chunda Hansda threatened to assault them also and hence, they fled away. The informant brought the injured Raska Hansda to Dumka Hospital for treatment but he died in the hospital. Originally, the case was lodged under Sections 337, 324 and 307 of the Indian Penal Code but when Raska Hansda died in course of treatment Section 302, I.P.C. was added. After investigation chargesheet was submitted under Section 302, I.P.C. against the sole accused/appellant Chunda Hansda and after trial he was convicted and sentenced by the trial Court as noticed above.

(3.) In course of trial, the accused denied the charge and claimed to be innocent. Defence has suggested that the deceased Raska was in drunken state and he sustained injuries due to fall on rocks which proved fatal. The accused claimed that he has been falsely implicated due to previous differences.