BAIJNATH MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 20.2.2004 and 24.2.2004 respectively passed by the learned Addl. Sessions Judge, FTC 1, Bermo at Tenughat, in Sessions Trial No. 228 of 2000 whereby and whereunder the appellant having been found guilty for committing murder of Sonia Manjhian has been convicted for the offence punishable under section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. The case of the prosecution is that while Babuchand Marandi (PW2), Motilal Manjhi (PW3), Haldhar Manjhi (PW4) and Rajkumar Manjhi (PW5) had gone to field to answer nature of call, they heard sound of screaming. Upon it, when they went to that direction, they saw Sonia Manjhian (deceased) at a place severely injured. She disclosed to them that it was the appellant who had inflicted injuries upon her. One of them Raj Kumar Manjhi (PW5) informed the brother of the deceased Bajan Manjhi PW6 (informant) who along with others, PWs 2 to 5, came at the place of occurrence to whom the deceased again told that it was the appellant who has inflicted injuries upon her. Thereupon, when the informant and others started taking the deceased to hospital, she died on the way whereupon the dead body was brought by the informant to his house. Subsequently, the informant PW6 came to the police station and gave a written report (Ext. 4) upon which the case was registered under Section 302 of the Indian Penal Code and a formal FIR (Ext. 4/1) was drawn.

(2.) THE matter was taken up for investigation. During investigation, Police came to the house of the informant and prepared inquest report (Ext. 2/1). Thereafter, the dead body was sent for post -mortem examination which was conducted by Dr. Ratneshwar Prasad Verma, (PW8) on 15.3.2000 during which he found following ante mortem injuries: - - -

(3.) ACCORDING to the doctor, the death of the deceased occurred due to cardio respiratory failure on account of massive haemorrhage and shock due to severe injuries to vital organs like lung, stomach and spleen. The post -mortem report has been proved as Ext. 3.