SHYAM LAL MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.6.1993 and 21.6.1993, respectively, passed by 3rd Additional Sessions Judge, Dumka, in Sessions Case No. 345 of 1991 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code (in short, IPC')

(2.) The case of the prosecution, in short, is that on 28.2.1991 at about 12 O'clock in the noon, the informant Futi Lal Hansda received information from Bijli Devi (PW 2) and her mother Aadi Devi (PW 1) that appellant was assaulting his mother with stone at the bank of a river. On this information, the informant raising hulla ran towards Pachkathia river where he saw that the appellant had thrown his mother on the earth and was assaulting her with stone. By the time he reached near her, the appellant after seeing him fled away and he found her mother lying dead and blood was oozing from her head. In the meantime, witnesses, namely, Futi Lal Hembram (PW 7), Bablu Murmu (PW 9), Sona Lal Murmu (PW 6) and others came there and they also saw the appellant running from there and they also tried to catch hold of appellant but the appellant managed to escape. The fardbeyan of informant (Ext. 3) was recorded on the same day by SI, Vinod Kumar Gupta (PW 12) at his village. About the genesis of occurrence, the informant in his fardbeyan has stated that appellant happens to be the 'devar' of his sister and he wanted to marry another sister of informant and on this account, he had quarrel with his deceased mother some days prior to occurrence. On the basis of fardbeyan, FIR under Section 302, IPC was drawn against the appellant and police after investigation submitted chargesheet against him. After cognizance the case was committed to the Court of Sessions where charge under Section 302, IPC was framed against the appellant. The appellant was put on trial. The case of appellant before the trial Court as per the trend of cross-examination of prosecution witnesses is of his complete innocence and false implication in this case. After the trial the appellant was found guilty under Section 302, IPC and he was convicted and sentenced as indicated above.

(3.) In order to prove its case, altogether 12 witnesses have been examined on behalf of the prosecution Futi Lal Hansda (PW 10) is the informant. Aadi Devi (PW 1), Bijli Devi, (PW 2) and Bablu Murmu (PW 9) are the eye-witnesses to the occurrence. Sudin Yadav (PW 3) had gone to place of occurrence on hearing hulla raised by her niece Bijli Devi (PW 2) and saw the appellant running away from there and also saw the deceased with smashed head and a big stone lying there. May Hansda, (PW 4) and Futi Lal Hembram (PW 7) are formal witnesses. Munshi Hansda (PW 5) and Nunua Hansda (PW 8) are witnesses on inquest-report. Pawan Tiga (PW 11) is the Doctor, who had held autopsy on the dead body of deceased. Vinod Kumar Gupta (PW 12) is the IO of the case. Sone Lal Murmu (PW 6) is a hearsay witness, who was informed about the occurrence by Aadi Devi (PW 1) and thereafter, he had gone to the place of occurrence and had seen the dead body of deceased.