KRISHNA KORAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed in S.T No. 409/86 by 2nd Additional Sessions Judge, Singhbhum at Chaibasa through which the sole appellant was found guilty under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life and further the appellant was found guilty under Section 201 of the Indian Penal Code but no separate sentence 'was awarded under this count.

(2.) The prosecution case in short is that on 7-5-1985 in village Nawagaon within Sonua P.S. the deadbody of the deceased Bijay Singh Kora was found in a well duly concealed after commission of his murder. So village Manki, Ando Manki (PW 1) informed Sonua police and gave fardbeyan and it has been alleged that actually on 1-5-85 the deceased along with Parmanand Korai (PW 3), Konke Chirwa (PW 4) and others had gone to jungle for hunting and they were returning in the night at about 8 p.m. and when they reached near the house of appellant then the appellant came all in a sudden and gave tangi blow to the deceased due to that he had fallen on the ground and out of fear Parmanand and Konke Chirwa escaped away and subsequently the dead- body of the deceased was taken to a distance from the village Jhilriua within Goilkera P.S. and was kept in concealment in a well. The eye witness i.e. PW 3 and PW 4 disclosed about this very occurrence to the local Manki i.e. the informant on the date of detection of the deadbody and has further submitted that the deceased threatened them with dire consequence so they did not disclose the occurrence earlier.

(3.) The fardbeyan recorded by police was referred to Goilkera police in whose jurisdiction the P.O. lies and on that basis this case was instituted and officer-in-charge Goilkera P.S. took up the investigation and visited the P.O. i.e. the village Jhilriua, prepared the inquest of the deceased on 7-8-1985 and dead body was sent for post mortem examination. After completion of the investigation charge-sheet was submitted as against the appellant.