SUKHU MARANDI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant -Sukhu Marandi was put on trial on the accusation of committing murder of Tekari Hansda. The trial court having found the appellant guilty of the charge convicted him for the offence punishable under Sec. 302 of the Indian Penal Code vide its judgment dated 21.4.2003 passed in Sessions Case No. 26 of 2001 and sentenced him to undergo rigorous imprisonment for life vide its order dated 22.4.2003. The case of the prosecution is that while the informant -Fuchu Maranchi (P.W. 7) was at Village -Jojotola, one Motilal Hansda informed him that his mother has been killed by the appellant. On getting said information, when the informant came home, he found his mother dead and the villagers had caught hold of the appellant. There he was told by his wife -Baha Muni Hansda (P.W. 4) that while her mother -in -law, Tekari Hansda (deceased) was in her house, this appellant came there in intoxicated state armed with 'Bhala' and inflicted 'Bhala' injury over the chest of the deceased.

(2.) Thereafter, informant -Fuchu Maranchi (P.W. 7) came to the police station where he gave fardbeyan which was recorded by P.W. 6 -Raj Kumar Lakra, the then Dy. S.P., who himself took over the investigation during which he seized the 'spear' smeared with blood under Seizure List (Ext. -3). The Investigating Officer held the inquest on the dead body of the deceased and prepared an inquest report (Ext. -4). Thereupon the dead body was sent for post mortem examination which was conducted by Dr. Bindu Bhushan -P.W. 1 who upon holding autopsy on the dead -body of the deceased found the following injuries: - -

(3.) The doctor issued post mortem examination report (Ext. -1) with an opinion that the death was caused due to injury of lung and heart by heavy sharp cutting instrument.