GUNA KORA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) DEOKI Nandan Prasad and Hari Shankar Prasad, JJ. ''This appeal is directed against the judgment of conviction dated 23.1.2003 and order of sentence dated 24.1.2003 passed by the Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 206 of 1992, whereby and whereuhder, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE short facts of the prosecution case as stated that a written report submitted to Goelkera Police by Gomia Lugun (deceased) stating therein that on 16.11.1990 at about 9 p.m., the appellant Guna Kora called the deceased outsied his house and asked to perform puja fo him and handed over sindur. The deceased sat on the ground for performing puja. Thereafter the appellant (Guna Kora) gave garasa blow from behind, as a result of which, he fell down and became unconscious. Thereafter Gomia Lugun was taken to the hospital for treatment and after seven days of the occurrence, he succumbed to the injury.

(3.) OBVIOUSLY there is an allegation against the appellant for causing farsa blow from back and this fact has also been corroborated by the injury report (Ext. 5) as the deceased was firstly injured and the doctor found the following injuries on his person :