KHADI ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sole appellant named above against the impugned judgment dated 31.5.1991 passed by Smt. Shakuntala Sinha, 7th AJC Ranchi in Sessions Case No. 497 of 1990 whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to underdo R.I. for life and also to pay a fine of Rs. 500/ - and in the default thereof R.I. for two months.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 3, Budhram Uraon, the son of Gopi Uraon the deceased of this case recorded by S.I., I.S. Prasad of Chanho P.S. at State Dispensary, Chanho on 29.5.1990 at 00.40 hours regarding the occurrence which is said to have taken place at the house of the informant in village Hurhuri, P.S. Chanho, District Ranchi on 28.5.1990 at 7.00 p.m. PWs 1 and 2 are the witness of the fardbeyan (Ext. 3) and their signatures thereon are Ext. 1/2 and 1/3 respectively. The said FIR was drawn on 29.6.1990 at 1.30 hours which was received in the Court of the Magistrate empowered to take cognizance on 29.5.1990.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case.