MANGLU ASUR Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 13.06.1995 and Order of sentence dated 14.06.1995 passed by the learned 1st Additional Sessions Judge, Gumla, in S.T. No.44 of 1991, whereby the sole appellant was found guilty and convicted for the offence under Section 302 of the Indian Penal Code. After hearing on point of sentence, he has been sentenced to undergo R.I. for life.

(3.) According to the prosecution case, the F.I.R. was lodged by one Etwa Asur, who is brother of the deceased Mangra Asur, whose marriage had been settled at village Sukhua Pani, and on the occasion of Sarhul, he had gone to that village for participating in the tribal dance in the night. In the morning at about 6 a.m., the younger brother of the informant, namely, Bokha Asur came and informed the informant that he was informed by one Jhagar Asur that his brother Mangra Asur was assaulted by someone by axe on his head due to which he had died. Upon getting the information, informant went to the place of occurrence and found his brother lying dead in the pool of blood at the place of occurrence, with the axe stuck in the wound. It is stated in the F.I.R. that the informant tried his best to get the information about the culprit, but he could not get any information, and accordingly, the F.I.R. was lodged against unknown. On the basis of the F.I.R., Bishunpur P.S. Case No.25 of 1990 corresponding to G.R. No.379 of 1990 was instituted for the offence under Section 302 of the Indian Penal Code against unknown and investigation was taken up. After investigation, the police submitted the charge-sheet against the sole appellant.