JOSEPH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 30.8.1991 in Sessions trial No. 412 of 1989 whereby appellant Joseph Munda alias Jasua Munda was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution, in brief, is that on 7.9.1987 at about 10 a.m. deceased Sulo alias Suleman Munda, cousin of the informant, had gone to Survey Camp along with the appellant. When Suleman Munda did not return to his house, the informant became apprehensive and started searching with one Poulas Munda. When both of them moved to a distance of 2 kms., they noticed the dead-body of Suleman Mian lying by the side of the Pagdandi. The informant noticed that Suleman had injury on his stomach. The informant, thereafter, went to the house of the appellant but he was not there. Thereafter, a detailed report was submitted to the Police on the basis of which a regular First Information Report was registered. The Police took-up investigation and ultimately having found a. prima facie case, submitted charge-sheet against the appellant whereupon the learned Chief Judicial Magistrate took cognizance of the offence and ultimately committed the case to the Court of Sessions calling upon the appellant to face trial.

(3.) The defence of the appellant, as would appear from his statement under Section 313 of the CODE OF CRIMINAL PROCEDURE, 1973 and the trend of cross-examination of the witnesses, was total denial of the occurrence.