BRINDABAN MUNDA ALIAS SARJAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed by the appellant from the jail against the the judgment of conviction and order of sentence dated 13th of July 2004 passed by the 1st Additional Sessions Judge, Seraikella ?Kharsawan in S.T. No. 195 of 2000, whereby and whereunder the trial Court convicted the appellant for committing offence under Section 304(II) of the Indian Penal Code and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo R.I. for three months.

(2.) The prosecution case, in short, is that on 11.2.2000, the informant P.W.1 Panchu Munda had gone to the nearby river for taking bath. At about 9.15 a.m. his cousin sister, P.W.3, Parvati Kumari came to the river and informed him that his mother, Gurubari Mundain had been assaulted by lathi by the appellant and her dead body was lying in the courtyard of the house. On this information the informant rushed to his house and then found his mother lying dead in pool of blood in the Angan with head injuries with brain tissues bulging out. He reported the matter to the police. Accordingly, first information report was registered under Section 302 of the Indian Penal Code. The police submitted charge sheet after completion of investigation under Section 302 of the Indian Penal Code and thereafter the appellant was put on trial.

(3.) In order to establish the charge 8 witnesses were examined on behalf of the prosecution.