SOHRALMANJHL Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This appeal has been preferred by appellant Sohrai Manjhi, who has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life.

(2.) The F.I.R. (Ext. 2) was lodged on 18-6-1987, at about 12 noon by Jiblal Manjhi (P. W. 4), son of Roya Manjhi, the deceased, who has been killed on 18-6-1987, at about 8 a. m. in his house in village Rola, P. S. Gola, district Hazaribagn. The informant has said that the appellants's wife Malti was not well for the last about two months and had become week. She was also treated, but she could not recover. On 18-6-1986, at about 8 a. m., the informant's father Roya Manjhi was sleeping on a cot, then the appellant Sohrai Manjhi armed with a Tangi entered into the house and gave Tangi blows on the neck of his father in the sleeping condition and killed him. The motive for the occurrence is said to be that the victim was doing the work of Ojha and the appellant thought that it was on account of his evil influence that she was unwell. The occurrence was said to be seen by the informant, bis brother, P.W. 2, Odega Manjhi and Thakur Das Manjhi, besides other. The informant gave information to Rameshwar Turi, the Chawkidar of the village who came to the house of the informant and saw the dead body and then the report was lodged.

(3.) On the basis of the F.I.R.. the investigation was taken up by Daya Nand Singh, P.W. 6, who came to the spot, prepared inquest report and sent the dead body for post-mortem examination, which is said to have been done by Dr. D. K. Dhiraj, (not examined). After examining the witnesses and completing the investigation, charge-sheet was submitted against the appellant.