SHIBU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal from jail has been preferred against the judgment of conviction and order of sentence dated 19.08.2006, passed by the Learned Additional Sessions Judge, Fast Track Court No.IV, Hazaribagh, in connection with Sessions Trial No. 305 of 1993, corresponding to G.R. Case No. 1207 of 1985, arising out of Katkamsandi P.S. Case No. 42 of 1985, whereby the appellant has been held guilty for the offence punishable under Section 302 of the I.P.C and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, as it appears from the fardbeyan of Kedar Rana recorded on 27.06.1985 at about 16:45 hours at Dardahia within P.S. Katkasandi, district Hazaribagh, is that on 25.06.1985 father of the informant had gone to the house of appellant to handover an Axe which was given for sharpening, but did not return alive. On 27.06.1985 dead body of Bishun Rana concealed within Shrubs at Dato was recovered. Thereafter, informant with the help of other witnesses apprehended the appellant. The appellant confessed his guilt before the police and villagers. On the basis of confession made by the appellant, bloodstained Baniyan and Sleepers belonging to the deceased were recovered, whereas bloodstained Axe, which was allegedly used for commission of murder, was recovered from possession of the appellant. On the basis of of Kedar Rana, fardbeyan Katkamsandi P.S. Case No. 42 of 1985, under Sections 302/201 of the I.P.C. against unknown was registered. Since the appellant was apprehended and confessed his guilt, charge -sheet was submitted after collecting cogent evidence and, accordingly cognizance of the offence was taken. Since the offence under Section 302 of the I.P.C. is exclusively triable by the Court of Sessions, the case of the appellant was committed and it was registered as S.T. No. 305 of 1993. Charge under Section 302 of the I.P.C. against the appellant Sibu Munda was framed to which he pleaded not guilty and claimed to be tried.

(3.) The prosecution in order to substantiate the charge examined altogether 9 witnesses. Learned Additional Sessions Judge, placing reliance on the evidences and documents available on record held the appellant guilty under Section 302 of the Indian Penal Code and sentenced him, as indicated above.