DIGAMBAR MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal arises out of a judgment of conviction and sentence dated 26th March, 1987 passed by Shri D. N. Pathak, Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 286 of 1986, whereby and whereunder the said learned court found the appellant guilty of offences under Sections 302 and 324 of Indian Penal Code and sentenced him to under go imprisonment for life under Section 302 of Indian Penal Code and rigorous imprisonment for a period of three years under Section 24 thereof. The learned trial court, howevar, directed that both the sentences will run concurrently.

(2.) The prosecution case, in brief, is that on 26-3-1984 at about 10 AM the informant Bhuli Loharin, wife of Baldeo Luhar along with her minor sons, namely, Birsa and Nanhku, aged about 7 and 5 years respectively, were collecting Mahua. At that point of time, the appellant came there and began knocking the door of, Tribhuwan Naik whereafter both the aforementioned sons of the informant went to that place. After sometime the informant heard the cries of the boys which made her to rush to the place and on her arrival there, she found that the appellant had caused sharp cutting injuries to both of them with a Baithi, The appellant had also timed the informant but she caught the Baithi which was in the hand of the appellant resulting in suiference of injuries in her hand. Thereafter the appellant fled away. The informant found that Birsa had already died and Nanhku was brought to her house in an injured condition. Soon thereafter, the villagers collected there to whom she told all about the occurrence. Later on, the other son of the informant 'Nankhu' also died.

(3.) In respect of the aforementioned occurrence the informant lodged FIR on the same day, i. e. on 26-3-1984 at about 8.30 P. M. The said FIR was marked before the trial court as Ext. 4. The postmortem examination of the aforementioned deceased persons were held on 27-3-1984.