MANIK TUDU Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) BY Court. - This criminal appeal has been preferred by the appellant against the judgment of conviction and the order of sentence dated 5.9.1997 passed by Shri Rakeshwar Dayal, the learned Additional Sessions Judge, Sahebganj in S.T. No. 198/1995.

(2.) THE appellant alongwith two others namely Kambo and Kama faced the trial for the charges under Section 302 read with Section 34 of the Indian Penal Code. All of them were found guilty for committing offence under the said Sections and have been sentenced rigorous imprisonment for life by the learned trial court. This appeal has been preferred by the appellant alone. Mr. G.C. Sahu learned counsel appearing on behalf of the appellant is not in a position to convey as to what happened to other two accused persons.

(3.) THE prosecution case, in brief, is that the deceased Bablu had gone to plough his field. The informant alongwith the deceased sister Sunita Besra -P.W.5 were going to serve food to the deceased in the field, saw Bablu running away from the field. The appellant alongwith abovesaid two accused persons were chasing him and assaulted with lathi -danda indiscriminately. In their sight view Bablu fell down and died of grievous injuries inflicting on his head by the said accused persons.