MANGHI HO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE present appeal arises against the impugned judgment of conviction and order of sentence dated 28.9.1991 passed by 2nd Additional Sessions Judge, Singhbhum at Chalbasa in Sessions Trial No. 3 of 1990 whereby, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution story in short is that the appellant Manghi Ho went to the house of Anand Singh Kuntia (Munda) [PW -9] of village Soma Pancho at about 7.30 p.m. and informed him that he has killed a man by means of a danda. On this Information, PW 9 went to the place of occurrence and saw that a man was lying dead. Then he along with the witness Susil Chaki (PW -5) took the accused to the Police Station and there the Police recorded the statements of PW -1 which was registered as FIR.

(3.) IN course of trial, altogether seven witnesses were examined on behalf of the prosecution to establish the charges against the appellant. The Investigating Officer and the doctor who held the post -mortem -examination of the deceased did not appear to depose in the case. The learned trial Court, on the basis of the evidence and materials on record, convicted and sentenced the appellant as already stated hereinabove.