(1.) THIS appeal is directed against the judgment of conviction dated 05.04.2007 and order of sentence dated 07.04.2007 passed by the then learned Additional Judicial Commissioner, Fast Track Court, Khunti in Sessions Trial No. 409 of 2003 whereby and whereunder the court having found the appellant guilty for committing murder of Rameshwar Munda by causing fire arm injury, convicted him for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo imprisonment for life for the offence punishable under Section 302 of the I.P.C. and further to undergo imprisonment for three years for the offence punishable under Section 27 of the Arms Act.
(2.) THE case of the prosecution as has been made out in the fardbeyan is that on 18.10.2002 the deceased -Rameshwar Munda had gone to market alongwith his wife Phulmani Mundain -P.W. -5, two daughters Gangi Kumari -P.W. -6 and Sarswati Kumari -P.W. -3 as well as Lal Singh Munda -P.W. -2 and Jai Ram Munda -P.W. -7 for selling fire wood in hat. In the evening, while they were returning home and reached near the village Korba, this appellant all in a sudden came there and fired shot causing injury over the neck of the deceased, resulting into his instantaneous death. Thereupon, they brought the dead body and kept the dead body there for the whole night and on the next day they brought the dead body to Arki Police Station where S.I. Shivlal Tudu recorded the fardbeyan of the informant -Phulmani Mundain (P.W. -5). On the basis of which an F.I.R. was drawn. Thereupon, the I.O. took up the investigation. During investigation, the I.O. held inquest on the dead body and prepared an inquest report. Thereupon, the dead body was sent for post -mortem examination which was conducted by doctor Ram Lal Mehta - P.W. -9, who on holding autopsy did find following injuries:
(3.) MEANWHILE , the I.O. recorded the statement of the witnesses. On completion of investigation, when the charge sheet was submitted the court took cognizance of the offence against the appellant. When the case was committed to the Court of Sessions, the appellant was put on trial.