DAMPA BARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Md. Rajaullah Ansari, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 4/2/1997 passed by Mr. Philip Topno, learned Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 130 of 1995 whereby and whereunder the appellant has been convicted for the offence under Sec. 302 IPC and has been sentenced to undergo rigorous imprisonment for life.

(3.) The Fardbeyan of Sune Kui was recorded on 30/11/1994 in which it has been stated that on 29/11/1994 at 7.30 P.M. the husband of the informant had come back from Mangal Hat and a trickle of blood was seen oozing out from his head. On being asked the husband of the informant had disclosed that at the Hariya shop of Loke he was having Hariya by parking his bicycle and in the meantime, somebody had taken away his bicycle which resulted in a quarrel between the husband of the informant and Dampa Bari (appellant) which aggravated to an assault between both of them. The villagers intervened and separated both the sides after which the husband of the informant started for his house along with Birsa Banra, Longa Banra and Lollo Bari. It was further disclosed by the husband of the informant that after a short distance from the Hariya godown near the bushes Dampa Bari had assaulted on the back of his head with a stick. Lollo Bari had snatched the stick from the hand of Dampa Bari. It has been alleged that after having dinner the husband of the informant went to sleep and, in the morning, he was not able to speak at which he was being taken to Chaibasa Hospital and on the way near Amina Chowk he succumbed to his injury.