DIBU MARANDI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27.11.1 997 passed by Additional Sessions Judge, Pakur in Sessions Case No. 209/96/23/96, whereby and whereunder the learned court below held the appellant guilty under Section 302 IPC and sentenced him to undergo Rl for life.

(2.) BRIEF facts leading to this appeal are that in the morning of 24th May, 1996 the deceased Jono Marandi was getting some lands ploughed by PW -1 Jiwan Marandi situated in Mauja, Madgaon, P.S. Chakulia when appellant objected and asked the deceased and PW -1 not to plough the land. The deceased replied that the land in question has been obtained by him from PW -3, Lalu Marandi on batai. It is further stated that thereafter the appel is lant retorted and went back to his house. The informant, PW -8 returned from the fields to her house situated nearby while the deceased remained sitting on the ridge while PW -1 continued to plough. All of a sudden PW -8 heard alarm raised by PW -1 and ran to the place of occurrence to find that her husband was lying seriously in is jured in the field. She further saw the appellant carrying blood stained axe in his hand while PW -1 and PW -8 tried to catch hold of the appellant but who managed to flee away. The husband of the informant breathed his last on the spot.

(3.) THE appellant pleaded not guilty and claimed to be tried. The trial court found and held the prosecution case true and convicted the appellant for the of is fence under Section 302 IPC and further sentenced him RI for life. The present appeal has been preferred mainly on the ground that there was no independent eye witness of the occurrence. It is further asserted that PW -8, the informant Parwati Tudu was not an eye witness of the occurrence.