ROBIN BAA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 18-1-2001 and sentence dated 19-1-2001 passed in Sessions Trial No. 156 of 1998 by learned Additional Sessions Judge, Simdega convicting the appellant under Section 302 of I.P.C. and sentencing him to undergo R. I. for life.

(2.) The prosecution case in short is as follows. A written report (Ext. 1) was lodged by Prakash Lakra (P. W. 5) that on 9-6-1997 at about 7:00 p.m., Sunil Lakra (P. W. 8) and William Lakra (P. W. 9) came to his house and informed him that the appellant fell down his brother Habil Lakra (the deceased) near the house of Matius Lakra (P. W. 1). P. Ws. 8 & 9 wanted to intervene, but the appellant threatened them at the point of dagger on which they fled and informed the informant about the occurrence. To know the incident, as described by P. Ws. 8 & 9, the informant with others went there and saw Habil Lakra in injured condition. They took him to the hospital, where he died during treatment. The motive of occurrence is said to be enmity continuing from before.

(3.) Mr. Amarendra Kumar, learned counsel appearing as Amicus Curiae submits as follows. P. W. 8 and P. W. 9 are witnesses with regard to the initial place of occurrence, but prosecution has not been able to prove how the deceased was found in injured condition at about 100 meters away therefrom. It has also not been proved how the fatal injury on head - incised wound causing fracture - was possible by dagger alleged to be with the appellant. The post mortem report was proved by another doctor, than the doctor who conducted the post mortem. Otherwise, he could be asked whether the fatal injuries were possible by dagger or not. Out of the two eye-witnesses, one eye-witness P. W. 9 William Lakra has become hostile. He lastly submitted that in any event, the appellant has remained in jail for about 14 years by now.