SURESH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant-Suresh Munda has challenged the judgment of his conviction under section 302/34 I.P.C and under section 201/34 I.P.C dated 23.01.1995 and the order of sentence of R.I for life under section 302/34 I.P.C and R.I for three years under section 201/34 I.P.C dated 25.01.1995 passed by the 7th Additional Judicial Commissioner, Ranchi in S.T. Case No.48 of 1993.

(2.) By an order dated 23.02.1995 the appellant was granted bail by this Court.

(3.) On the basis of the ferd-beyan of Sudama Singh recorded at 16.45 p.m on 26.08.1992 at village-Aara Gate, a First Information Report being Namkum/Tatisilwai P.S Case No.181 of 1992 was registered against Suresh Munda, Vinod Ekka, Sudhir Ekka, younger brother of Kamal Munda and other two persons for the offence under section 364/302/201 I.P.C. After investigation charge-sheet was filed and four accused persons namely, Vinod Ekka, Kamal Munda, Suresh Munda and Thumb Munda were sent-up for trial on the charge under section 302/34 I.P.C and under section 201/34 I.P.C. During the trial, the prosecution has examined ten witnesses; the informant-Sudama Singh is P.W 1 and his tenant namely, Naresh Jha who has been projected as an eye-witness has been examined as P.W 5. The doctor who has conducted autopsy is P.W 4 and the investigating officer has examined himself as P.W 10. One witness, P.W 8 was tendered for cross-examination.