SHAMBHU TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BEING ago, grieved by judgment and order of conviction and sentence dated 15th March, 2002 and 19th March, 2002 respectively passed by Sri BK Sahay, learned Additional Sessions Judge (F.T.C. -1), Dhanbad in Sessions Trial No. 595 of 1995 arising out of Baliapur P.S. case no. 46 of 1995, corresponding to G.R. case no. 2473 of 1995, the appellant challenged the same in this appeal.

(2.) Learned A.P.P. submitted that the delay has been properly explained by the prosecution. The informant was waiting for arrival of his son, Mangal Manjhi and in the meantime, police reached there. So far as non -examination of Saraswati Manjhiain is concerned, it was submitted that the Court held that non -examination of Saraswati Manjhiain has not been prejudiced the accused. So far as motive is concerned, it was brought to the notice of the Court that the trial Court noticed that the accused had demanded money from the deceased and when the deceased refused to oblige, the accused committed murder.

(3.) From the aforesaid facts and evidence, it will be evident that the prosecution could prove the genesis of the alleged occurrence i.e. refusal by Butu Hansdah to give money to the accused, Shambhu Tudu. They properly explained the delay of few hours in lodging F.I.R. as the informant (P.W. 4) was waiting for his son and in the meantime, police reached there. The prosecution successfully brought on record the evidence of eye witness (P.W. 1) which was fully corroborated by two other witnesses (P.Ws. 1 and 2) and the medical evidence. There being no dispute relating to place of occurrence, there is no room to doubt the case of prosecution.