BANA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 30.3.1995 and 31.3.1995, respectively, passed by learned Additional Judicial Commissioner, Khunti, Ranchi, in Sessions Trial No. 282 of 1993 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 17.10.1992 at about 5 -15 PM, the informant and his other friends were sitting on the ridge of a field after playing hockey match, Tempo Pahan ( deceased) was standing nearby. In the meantime, the appellant armed with axe arrived there and gave a sudden blow of axe on the right side of the neck of Tempo Pahan, who sustained injuries and fell down. The informant and others, out of fear, fled away and informed the Chowkidar of the village. When they returned to the place of occurrence, they saw that Tempo Pahan was lying dead and the appellant was standing there with the same axe in his hand. Seeing the informant and Chowkidar, the appellant started waiving the axe. When they tried to catch hold of the appellant, the appellant threw the axe towards them. Ultimately, the appellant was caught.

(3.) FIVE witnesses were examined. P.W -1 was the seizure list witness. He identified the signature over the seizure list,Ext -1. P.W -2 is the doctor, who held autopsy on the dead body of the deceased ( postmortem report is Ext -2). P.W -3 is the Chowkidar, who along with the informant had gone to the place of occurrence and had caught the appellant at the spot and handed over him to the police along with axe. P.W -4 is the informant. P.W -5 is the son of the Chowkidar, who has been tendered. P.W -4, who is the eye witness, has supported the prosecution case. Nothing was taken from him in the cross examination by the appellant in his favour. P.W -3, the Chowkidar, has also corroborated the statement of other P.Ws. The doctor, P.W -2 found incised injuries by sharp cutting weapon, such as 'Tangi, which were sufficient to cause death.