PANCHU MARANDI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 24.08.2000 and 25.08.2000 respectively, passed by Additional District & Sessions Judge, Pakur, in Sessions Trial No. 148/98/16/98, convicting the appellant under section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(2.) The prosecution case in short is that Hopna Marandi (P.W. -11) gave a fardbeyan before the police on 13.10.1997 at about 1 P.M. that at about 10 A.M. his elder brother-Baburam Marandi ( deceased) along with Babu Lal Marandi (P.W-5) went to the house of the appellant for talking about the land dispute between the informant party and the appellant. After some time, P.W. -5 returned. Baburam Marandi (deceased) remained in the house of the appellant. At about 11 A.M., the informant heard the cry "Bachao Bachao" from the house of the appellant. Then the informant along with P.Ws.-8 and 9 rushed to the house of the appellant. They saw the appellant fleeing away. When the informant party went inside the house, they found Baburam Marandi dead with bleeding injury including on neck. The informant along with others chased the appellant but he fled away. The matter was reported to Chowkidar. It was alleged that due to on going land dispute, the appellant has killed the deceased.

(3.) Mr. Ashish Verma, Learned Counsel appearing for the appellant, assailing the impugned judgement, submitted as follows.