MANJHI MURMU @ KARA MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The present appeal has been preferred against the judgment of conviction and order of sentence, both dated 201.2004 passed in Sessions Case No. 244 of 1993/ 73 of 2003 passed by learned 6th Additional District and Sessions Judge, Fast Track Court, Dumka, whereby the sole appellant has been convicted for the charge under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for 3 years.

(3.) The prosecution case as per 'fardbeyan' (Exbt.-3) of the informant (PW-6), is that on 15.05.1992 at about 10 p.m., the informant (Mahasan Marandi) invited the accused/appellant, Manjhi Murmu @ Kara Manjhi to take meal at his house. The informant took the Kara Manjhi (appellant) to his house, since the Kara Manjhi (appellant) is completely blind. As there was need of money to the informant and the appellant was having some money with him as he has been given money by the Government. While they were inside the house, the father of the informant was abusing his mother, due to which hot exchange of words were going on. Thereafter, the appellant, Manjhi Murmu @ Kara Manjhi also intervened into the matter. Then informant's father said, that it is his family matter, he should not intervene in the matter. Thereafter scuffle took place between father of the informant and the appellant and thus, the informant's father has fallen on the ground. It is further stated that the appellant used to keeps stick/ danda with himself, as he is a complete blind man. Subsequently, when his father was in lying condition on the ground, the appellant started indiscriminate assault on the chest and abdomen of the father of the informant, due to which his father sustained injury and thereafter, the appellant went to his house. It is also alleged that neither his mother nor the informant has tried to rescue his father either by catching-hold of the appellant or by saving his father. After the appellant/ accused went away, the informant took his father, on the bed inside the room and in the morning, his father died at 8.00 a.m.