LAKHAN NAGESIA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant Lakhan Nagesia was put on trial in Sessions Trial No. 159 of 1996 on the accusation of committing murder of one Mangri Devi. The trial court having found the appellant guilty convicted him for the offence punishable under section 302/34 Penal Code vide its judgment of conviction dated 24.2.2004 and sentenced him to undergo rigorous imprisonment for life vide its order dated 25.2.2004.

(2.) The case of the prosecution is that the informant Sundair Devi (PW 4) who was living with her mother Mangri Devi (deceased) had left home in the night 25.4.1995 for coming to the place of her husband. On the next day, at about 12 O' clock, she came to know that her mother has been murdered. On getting this information, she came along with her husband and found he mother dead. There, she came to know that this appellant as well as Kander Nagesia had committed murder of her mother and while they were fleeing away after committing murder, they were caught hold by the villagers Jogeshwar Oraon PW 2 and Dalku Oraon PW 3. After a while, the accused Kander Nagesia fled away from their custody, whereas this appellant was under the custody of the villagers and he was seen having spots of blood over his body. The informant Sundair Devi sent the chaukidar to the police station for giving information. On getting information, when SI Mahadeo Oraon PW 8 came to the place of occurrence, he recorded the fard beyan (Ext. 4) of the informant upon which a formal FIR was drawn and the case was registered as Kisko PS Case No. 20 of 1995 against this appellant as well as Kander Nagesia.

(3.) The investigating officer (PW 8) took up the investigation during which he held inquest over the dead body of the deceased and prepared an inquest report (Ext. 1) and thereafter the dead body was sent for post mortem examination which was conducted by Dr. Sunil Minz (PW 6) who upon holding autopsy on the dead body of the deceased, did find the following injuries on the person of the deceased :