WALTER EKKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 30.01.1996 and 31.01.1996 respectively passed by Additional Sessions Judge, Gumla in S.T. No. 34 of 1990 whereby and whereunder the sole Appellant Walter Ekka has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE prosecution case, in short, as per fardbeyan of P.W. -1 Beyalor Toppo is that Matiyas Ekka (deceased) was the brother of Pius Ekka and Pius Ekka died an year ago. His son Walter Ekka (Appellant) was residing in Andaman and Nikobar since last about 10 -12 years. However, after the death of his father, he returned to village and was demanding half share in the ancestral land from his uncle Matiyas Ekka. It is alleged that Matiyas Ekka was not giving any heed to his demand. On 10.10.1989 while the informant was sitting along with P.W. -2, P.W. -3, P.W. -5, P.W. -6 and Matiyas Ekka (deceased) under a Tetar tree, Walter Ekka came from the village and demanded half share in paddy crop from Matiyas Ekka, which was refused by him, whereupon Walter Ekka had given a 'Daw' (heavy sharp cutting weapon) blow on the neck of Matiyas Ekka, due to that he received cut injury and died.

(3.) CHARGE under Section 302 IPC was framed against the sole accused/Appellant. The Appellant denied the charges and claimed to be tried. He was put on trial. Thereafter, prosecution examined altogether 9 witnesses in support of its case.