MOTILAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS criminal appeal has been directed against the Judgment of conviction and order of sentence dated 06.03.2002, passed by the District and Sessions Judge, Pakur in Sessions Trial No. 35 of 2001 whereby the appellants have been held guilty for the offence under Section 302/34 of the Indian Penal Code and sentenced him to undergo R.I. for life. The appellant namely Motilal Murmu has further been held guilty for the offence under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for three years. Both the sentences so passed were directed to run concurrently.

(3.) THE prosecution has examined altogether ten witnesses and proved the inquest report, postmortem report and the other documents. 3 Criminal Appeal (DB) No. 163 of 2002 Som Marandi (P.W.-1), Nand Lal Marandi (P.W.-2), Pandu Marandi (P.W.-5) and Ram Lal Marandi (P.W.-8) Informant) have projected themselves as eye witnesses whereas Dr. Lalit Kumar Bhagat (P.W.-3) had conducted postmortem examination on 21.01.2001 on the dead body of Lelha Marandi and Dr. Vijay Shankar Prasad (P.W.-9) had examined the informant - injured and proved the injury report (Ext.-3). Kail Marandi (P.W.-4), Boka Marandi (P.W.-6), Rishivar Hansda (P.W.-7) who had claimed that they had witnessed part of the incident after hearing 'Hulla'. Gauri Shankar Tiwari (P.W.-10) happens to be the Investigating Officer.