MANSA HEMBRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) is appeal has been filed by two appellants challenging the judgment dated 18-6-1990 passed by the 1st Addl Sessions Judge, Chaibasa Camp at Seraikella, in S.T No. 72 of 1986 convicting and sentencing them of life imprisonment under Section 302/34, IPC.

(2.) The prosecution case as set out in the FIR lodged by the Ghasia Maghi at the police station Aditapur, District - Singhbhum is that on 13-4-1986 at about 9.45 p.m. when the informants son Pradhan Hembrom (PW 5) move from his house on motorcycle for joining duty, he was attacked by the appellants who were armed with lathi causing damage to the headlight of the motorcycle on account of which Pradhan Hembrom ran away and thereafter, the appellants assaulted the informant and killed his wife Fulmoni Devi. The 1.0. went to the spot of the occurrence and prepared the inquest report and also seized the blood-earth and a danda spotted with the blood. The dead body of the deceased was sent to the hospital for post-mortem examination and on receipt of the said report, the charge-sheet was submitted against the appellants, on the basis of which the S.D.J.M. took cognizance of the offence and committed the case to the Sessions Court for trial.

(3.) The prosecution has examined ten witnesses other than the informant who has not been examined. PW 1 is the witness of the inquest report. PW5 2, 4 and 7 were tendered. PW 3 was declared hostile. PW5. 5 and 6 are said to be eye-witnesses of the occurrence. PW 8 is the formal witness identifying the signature of the police officer on the FIR. PW 9 is the Doctor who conducted the post-mortem examination on the dead body and PW 10 is the 1.0.