LOSEYA PINGUA @ TAPU PINGUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dated 7.10.2001 passed by the 2nd Additional Sessions Judge. Chaibasa, in Sessions Trial No. 118 of 2001 whereby the appellant has been convicted under Section 302, IPC and accordingly he has been sentenced to undergo rigorous imprisonment for life and also sentenced to pay a fine of rupees two thousand and in default of payment of fine, to undergo further rigorous imprisonment for one year. Prosecution case, in short, is that the informant-Budhram Pingua (PW3) who happened to be the Munda of the village gave his fardbeyan on 2.4.2000 at 4.10 p.m. to the effect that Sukhlal Pingua was killed by the appellant by shooting an arrow upon him while he was sleeping.

(2.) On the basis of the said fardbeyan of the informant (PW3), Majhgaon PS Case No. 12 of 2000 was registered. After investigation, charge sheet was submitted against the appellant who faced the trial and was convicted as aforesaid.

(3.) The prosecution has examined altogether seven witnesses. PW1 Atua Pingua, who is a hearsay witness, has stated that the appellant had bow and arrow in his hand and he fled away towards his house after coming out of the house of the deceased. PW 2 Rajendra Pingua, PW3 informant, and PW 6 Kapalan Pingua are hear-say witnesses. PW4 Randai Kui, the wife of the deceased, is said to be the eyewitness. PW7 is Dr. A.K. Gupta who conducted post-mortem on the dead-body of the deceased.