BIRBAL BANS MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 13.10.2004 and the order of sentence dated 18.10.2004, passed by learned nd Addl. Judicial Commissioner, Khunti, Ranchi in Sessions Trial No.375 of 2002 whereby and whereunder the appellant having been found guilty for committing murder of Ghasia Munda, convicted him for the offence punishable under and was sentenced to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, as has been projected, is that on 01.06.2002 at about 10.00 A.M. Ghasia Munda, the father of the informantPustam Munda (P.W.4) was returning home from the forest. The appellant was also coming behind of him. When they reached near the house of Mangal Munda @ Laloo Munda, an altercation took place in between them. During that course, the appellant gave Tabla (Farsa) blow over the temporal region of Ghasia Munda, as a result of which, he fell down and then the appellant again inflicted injury over the chest by Tabla (Farsa) and on account of that, he died there. Immediately, the informant, on seeing this, came to the place of occurrence and tried to catch hold of the appellant but he managed to free from there.

(3.) THEREUPON , B.N. Jha, Officer -in -Charge, on getting information, came to the place of occurrence and recorded the fardbeyan (Ext.2/1) of Pustam Munda wherein the informant narrated the same story as has been mentioned above. On the basis of fardbeyan, a formal first information report was drawn. Thereupon, one Tribhuvan Singh (P.W.6) was entrusted with the investigation. During investigation, the I.O. held inquest on the dead body of the deceased and prepared an inquest report (Ext.1/A). He also inspected the place of occurrence and then sent the dead body for post mortem examination, which was conducted by the Doctor R.K. Sinha (P.W.5) and found the following injuries on the person of the deceased: -