SUKRAM SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 9.6.98 passed by the 2nd Additional Judicial Commissioner, Khunti (Ranchi) in Sessions Trial No. 1491 97, whereby and whereunder the learned Sessions Judge held the appellants guilty under Sections 149/302 IPC and sentenced them to serve RI for life.

(2.) FACTUAL matrix leading to this appeal are as follows: -

(3.) WE have anxiously considered the submissions alongwith evidence available on record. The prosecution in the present case has examined 15 witnesses, out of which PWs 4, 5, 6 and 10 are hearsay witnesses, who arrived at the PO after halla and saw the dead body of Gambhir Mahto. PWs 7, 8, 11, 12 and 13 have been tendered by the prosecution. PW 15 is Dr. R.S. Sahu, who conducted the post mortem examination on the dead body and proved the post mortem report as Ext. 6. The post mortem report mentions of a number of incised wounds in left portion of body, left cheek, left clavicle, left shoulder caused by sharp cutting weapon. The dead body further got three injuries on different portion of the body caused with hard and blunt substance. According to post mortem report, death was caused because of above incised injuries.