SANTU NAGESIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pradip Kumar, learned counsel for the appellant and Mr. Tarun Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/4/1997 passed by Sri Gangadhar, learned 1st Additional Sessions Judge, Gumla in S.T. No. 218 of 1988, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life.

(3.) The prosecution case arises out the fardbeyan of Jagbandhu Ram recorded on 16/11/1987, in which, it has been stated that Harihar Mishra of Kansari Mohalla has lands at Bajratola Dobnapani and for harvesting of the crops the informant had gone with Harihar Mishra to the said place. After the crops were cut they were kept in the khalihan. It has been stated that today i.e. 16/11/1987 he and Harihar Mishra had gone to catch fish when they saw Chhotku Kharia already catching fish and he was asked to bring two fishing rods. The fishing rods were immediately brought by Chhotku Kharia after which the informant and Harihar Mishra got busy catching fish. The shepherd of Ram Prasad Ram namely, Santu Nagesia (appellant) was grazing cattle nearby and Radha Ram, the son of Baldeo Ram was also grazing cattle. It has been alleged that Harihar Mishra started making small talks with Santu Nagesia. Since darkness was descending the informant asked Harihar Mishra to return to the village. Harihar Mishra after handing over the fishing rod to Chhotku Kharia started washing his hands and the informant in the meantime had seen a signal from Radha Ram to Santu Nagesia and Santu Nagesia committed an assault upon Harihar Mishra with a Tabla after which he fled away towards the jungle. The incident was also witnessed by Tulsi Bhagat who was grazing cattle nearby. The informant had brought the injured Harihar Mishra to the house of Bhadwa Nagesia and while he was going to Palkot to call a Doctor he had seen Ram Prasad Ram fleeing away towards the forest. After about one hour of the incident Harihar Mishra died in the house of Bhadwa Nagesia.