BABUA HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence of the appellant by the 1st Addl. Sessions Judge, Godda, in Sessions Trial No. S.T. No. 10 of 1995/53 of 1995. whereby the appellant has been convicted for offence u/s. 302, IPC and sentenced to undergo imprisonment for life.

(2.) BRIEF facts of the case is that on the night of 31.10.1994. the informant Suraj Murmu, (PW 1) a neighbouring resident of the appellant, heard noises from the house of the appellant. He rushed to the house where he found the appellant 'smother lying injured, in a precarious condition, and he saw the appellant offering water to the injured lady. A few moments later, the injured lady died at the spot itself. It is claimed that the appellant made an extrajudicial confession before the informant, as also before the other co -villagers, who had arrived at the place of the occurrence, admitting that he had assaulted his mother and the reason for assault was a quarrel between him and his mother over her demand for meat for dinner. The matter was reported to the villager chaukidar. The informant and other co -villagers handed over the appellant to the chaukidar. On information, the police arrived on the next morning, recorded informant 'sJardbeyan whereafter the instant case was registered u/s. 320, IPC.

(3.) ALTOGETHER five witness were examined by the prosecution at the trial, the informant (PW 1) being one of them, while the others were the cc -villages. The post -mortem report was not adduced in evidence, nor was the doctor who had conducted the autopsy and neither was the investigating officer examined.