GOPNATH MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present jail appeal has been preferred by the appellant, Gopnath Murmu against the judgment of his conviction under section 302 of the Indian Penal Code and order of sentence of rigorous imprisonment for life passed by the learned Sessions Judge, Sahibganj in Sessions Case No. 117 of 1994.

(2.) THE prosecution story as it stands narrated in the statement (Fardbeyan) of the informant, Chandrai Tudu (P.W. 4) was that on 21.9.1993 at about 8. p.m. he was apprised by his co -villager Matal Murmu (P.W. 10) that his son -was done to death by the appellant, Gopnath Murmu by assaulting him with Kudali. On such information, the informant and his wife immediately rushed and arrived at the door of the appellant, Gopnath Murmu where he found his son Manjhi Tudu lying dead and the villagers assembled there. There was bleeding from the scalp of the deceased and a Kudali was lying near the dead body. The villagers apprised him that with the said Kudali Gopnath Tudu had committed murder and escaped. The neighbours of the appellant viz. Kisto Hembram (P. W. 6) and Munshi Hembram (P.W. 5) explained that they had heard altercation and exchanges of abuse between the two and in the same sequence Manjhi Tudu screamed to save him, as Gopnath Murmu was assaulting him. When both the witnesses came out, they found the appellant running away from the place of occurrence and that Manjhi Tudu was lying dead. The fardbeyan was recorded in the same night on 22.9.1993 at about 2 p.m. giving rise to Barhait P.S. Case No. 46 of 1993 which was registered for the offence under section 302 of the Indian Penal Code. The police, after investigation submitted charge -sheet for the said offence and accordingly the charge was framed against the appellant for committing murder by intentionally or knowingly causing death of Manjhi Tudu.

(3.) P .W. 1 Md. Sufi Alam is the formal witness who proved the formal FIR in the pen and signature of the Officer Incharge of Barhait police station which was marked Ext. 1. He expressed his ignorance about the fact of the case. The statements of the P.W. 2 Lokshman Pd. Rai is also formal in nature who testified the Fardbeyan (statement) of the Informant in the pen and Signature of S.I. L.B. Ram which was marked Ext. 2. P.W. 3, Golhai Tudu proved the inquest report of the deceased (Ext. 3).