PAULUS HANS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant namely, Paulus Hans has challenged the judgment of his conviction under section 302 IPC and the order of sentence of R.I. for life, both dated 13.11.1992 passed by the VIIth Additional Judicial Commissioner, Ranchi in S.T. No. 60 of 1990.

(2.) By an order dated 07.01.1993, the appellant was granted bail by this Court.

(3.) On the basis of fardbeyan of Munia Devi recorded at 15.25 p.m on 25.08.1989 in her house, Namkum P.S. Case No. 128 of 1989 was registered against Paulus Hans, Mare Tirkey, Mannu Tirkey and Kamel Tirkey under section 302/34 IPC. A common charge for the offence under section 302/34 IPC was framed against all the accused persons vide order dated 10.07.1991. During the trial, the prosecution has examined seven witnesses; the informant namely, Munia Devi/Munia Toppo is P.W.1, her younger son namely, Tepro Toppo is P.W. 5 and the doctor who has conducted autopsy over the dead-body of the deceased-Budhua Toppo has been examined as P.W.6. The investigating officer has examined himself as P.W.7. The prosecution witness-P.W.2 is witness to the fardbeyan and P.W. 3 is the inquest witness.