MAGEYA HESSA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27th June, 2002 passed by the Sessions Judge, Singhbhum West at Chalbasa, in Session Trial No. 306 of 1991 whereby and whereunder, the learned Court below convicted the appellant under Section 302/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE prosecution case in brief is that the informant Bihari Lal Hessa gave his fardbayan alleging therein that on 17.2.1987 at about 11 p.m., he along with his wife was sleeping in his house and on hearing hulla of his father, he came out of room with torch light and saw the accused persons Mageya Hessa (appellant) and Renso Hessa and both were assaulting his father with Jarsa. He tried to save his father but Renso Hessa assaulted him with farsa on his neck. It is also alleged that his father died due to assault by the accused causing injuries on his neck. He raised alarm and thereafter both the accused person fled away. It is further alleged that there was a dispute with the accused persons in respect of the land for which a village panchayati was also held in presence of village Munda and at that time both the accused persons threatened his father to kill him. Accordingly, on the basis of the fardbayan. First Information Report was lodged against the accused persons including the appellant for the offence under Sections 320/34 and 307 of the Indian Penal Code.

(3.) ALTOGETHER four witnesses have been examined in this case on behalf of the prosecution in its support. Neither the Doctor who held post mortem nor the Investigating Officer has been examined in the case. The post mortem report has been formally proved by the Court witness as Ext. 5 and admittedly the said post mortem report was not reduced into writing in his presence and he had no personal knowledge about the same.