BINOD MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 21st June, 2004 passed by the then learned Judicial Commissioner, Ranchi in Sessions Trial No. 470 of 2003, whereby and whereunder the court, having found the appellant guilty for committing murder of the deceased -Durga Charan Mahli, convicted him for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. The case of the prosecution, as has been projected in the fardbeyan is that on 21.03.2003 at about 8.15 A.M., Lalita Devi -mother of the deceased served breakfast to her son Durga Charan Mahli as he had to go to the market. Meanwhile, one Tractor came near the house of Lakhi Ram Mahli, upon which the deceased went there. As soon as the deceased came over there, the appellant Binod Mahli, who was having Tangi with him, gave a blow upon the deceased, as a result of which, he sustained injury and then in order to save himself he fled from there but fell down in the well. The appellant Binod Mahli also jumped down in the well. Meanwhile, people, who were present over there, started raising alarm. Upon which, several persons assembled there. One of them, namely, Koilu Manjhi (R.W. 4) brought a rope and put it inside the well so that the deceased, after holding it, may come out of the well but the appellant did not allow the deceased to hold the rope. Meanwhile, Khargu Karmali (R.W. 3) came down to the well with the help of that rope to save the deceased, but the appellant did not allow him to pull the deceased up, rather the appellant threatened him to kill and hence, he came out of the well. Thereupon the appellant killed the deceased by drowning him in the water.

(2.) On the same day, Officer -in -Charge of Silli Police Station, Binod Prasad Mandal (P.W. 15), when received such information, he made entry in the station diary and then proceeded to the place of occurrence. Upon reaching to the place of occurrence, P.W. 15 recorded the fardbeyan of the informant (P.W. 1) -Dilip Mahli. Upon which, a formal FIR (Ext. 4) was drawn. P.W. 15 with the help of the villagers took out the dead body of the deceased and also the appellant from the well but by that time, the deceased had already died. Accordingly, P.W. 15 -Binod Prasad Mandal, held inquest on the dead body of the deceased and prepared an inquest report (Ext. 5). Thereupon, the dead body was sent for post -mortem examination, which was conducted by Dr. A.K. Choudhary (P.W. 14), who on holding autopsy, did find the following injuries on the person of the deceased:

(3.) Meanwhile, the I.O. recorded the statements of the witnesses. On completion of the investigation, when the charge -sheet was submitted, cognizance of the offence was taken against the appellant.