MANJAI MURMU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant- Majai Murmu , now aged 42 years ( at the time of trial 28 years) after having been convicted for the substantive charge of Section 302 IPC for allegedly committing murder of one Bitimai Hembrom wife of Bhaiya Murmu (the first informant), resident of resident of Hijri, PS-Boarijore, DistrictGodda, has filed the instant appeal. The sentence slapped upon him is life imprisonment for the said charge.

(2.) At the very outset, we have been informed by the learned counsel for the State that the appellant by now has undergone 13 years and three months. He has placed on record the certificate in this regard issued by the Superintendent, Central Jail, Dumka, where the appellant is presently confined.

(3.) The informant does not happen to be an eye witness to the occurrence. However, in the first information report, he names one girl, namely, Bironmai Murmu aged about 8 years to be an eye witness to the occurrence. She has been examined as PW-2 during the trial. The other witness brought forward by the prosecution during the trial is Betka Kisku-PW-5, whose name is not reflected in the FIR, but subsequently, during course of investigation, his statement was recorded under Section 161 Cr.P.C. He corroborated the prosecution case when stepped into the witness box in his examination-in-chief but his cross-examination was deferred at one stage as the defence counsel sought an adjournment. Thereafter his cross- examination could not be conducted for 2-3 days and in between he died his natural death. Thus, this witness has not been tested on the touch-stone of cross examination.