KARIM MANJHI @ SALKHU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) Appellant is aggrieved by the Judgment of conviction dated 21.11.1995 and Order of sentence dated 211.1995, passed by the learned 2nd Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 195/68 of 1993-95, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life.

(3.) The FIR was lodged on the basis of fardbeyan of one Hito Devi, who is the wife of the deceased Ratan Manjhi, recorded on 17.07.1992 at her house, wherein, it was stated that on that day, she had gone to TISCO for working on contract and when she returned back to her house at about 7.00 p.m., she found her husband Ratan Manjhi in the pool of blood, with several injuries caused by axe, on a cot in the eastern dalan of her house. Upon the alarm raised by her, her son-in-law Diku Majhi came and informed that he had seen the accused Karim Manjhi along with the deceased taking liquor. It is alleged that due to previous land dispute between the parties, murder was committed by the accused. On the basis of fardbeyan of the informant, TELCO (Birsanagar) P.S. Case No. 200 of 1992, corresponding to G.R. Case No. 1691 of 1992 was instituted against unknown, and investigation was taken up. After investigation, police submitted the charge-sheet against the accused-appellant in this case.