SHIVA CHARAN HEMBRUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sole appellant named above against the' impugned judgment dated 24.3.1994 passed by Shri Dinesh Narain Pathak, 6th Additional Sessions Judge, Dumka. in Sessions Case No. 238 of 1993 whereby and whereunder the appellant was found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life. However, the co -accused Rupin Murmu, the wife of the appellant has been acquitted.

(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 2) of P.W. 10 Malin Hembrum, the son of Mangal Hembrum who is the deceased of this case recorded by P.W. 11, Dinanath Mishra, the 1.0. on 7.11.92 at 4.00 hours at Dumka Muffasil P.S. regarding the occurrence which is said to have taken place on 6.11.92 between 8.00 P.M. and 9.00 P.M. in front of the house of P.W. 9, Jiwan Hembrum in village Ranidinda, P.S. Dumka Muffasil, District Dumka.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this got up case due to enmity which is still existing and alive.