MANGAL TUDDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment dated 23rd June, 1998 passed by 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 223 of 1995/2 of 1995 by which, the learned Trial Court convicted the appellant holding him guilty for the offence under Section 302 of the Indian Penal Code and thereby sentenced him to undergo R.I. for life.

(2.) THE prosecution case in short is that the informant Shamlal Hembrom (P.W. 9) who was declared hostile during trial, lodged F.I.R. alleging therein that on 8.11.1994, he and the appellant Mangal Tuddu were running a Todi shop. Appellant Mangal Tuddu alongwith deceased Narain Tuddu were drinking Todi in that shop. Narain asked the informant to bring wine and thereafter, on payment of Rs.10/ - got a bottle of wine which the appellant and the deceased were taking. Thereafter, some altercation took place between the deceased and the appellant regarding the appellant illicit relationship with the wife of the deceased on which, the appellant assaulted the deceased Narain with a 'Khanti' (heavy iron rod) on his head. The informant tried to intervene but he was threatened and thereafter, the informant went to the village and raised alarm. The villagers arrived at the spot and saw the deceased Narain lying in injured condition with pool of blood.

(3.) IN order to establish the charges on behalf of the prosecution, altogether 9 witnesses were examined during trial.