By Court: Heard learned Amicus Curiae and the learned Additional Public Prosecutor on behalf of the State.

2. The sole appellant is before us in this appeal being aggrieved by the judgment of conviction dated 11.06.2014 rendered in Sessions Trial Case No. 103/2011 by the court of learned Additional Judicial Commissioner-V, Ranchi, whereunder he has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000/-, in default whereof, to further undergo simple imprisonment for three months, by the impugned order of sentence dated 16.06.2014.

3. The prosecution case has unfolded on the basis of the fardbeyan of Jehru Lal Munda, son of late Devan Munda, village Haram Lohar Tola, Jaridih, P.S. Tamar, District Ranchi recorded at 11.50 hrs. on 15.11.2010 by the A.S.I. Thakur Shyam Deo Singh, Bariyatu P.S. near the bed no. 3117 at RIMS in the Unit of Dr. C.B. Sahay bearing P.I.R. No. 12340. The informant inter-alia alleged as follows:

That on 14.11.2010 in the morning, his nephew Krishna Munda, son of late Kali Charan Munda returned from the field at 10.00 am and was going to the market at 5.00 pm on foot. At a distance of 50 yards from the house, the accused Durga Charan Munda, son of Bull Munda who is a co-villager, was waiting in bait and assaulted his nephew with a ‘tangi’ and injured him. He thereafter fled away. This incidence was seen by other persons who raised hulla (brawl) and inmates of the house also rushed and saw the injured lying there. He was taken for treatment to RIMS on 14.11.2010 at around 9.00 pm. His nephew died during course of treatment on 14.11.2010. On the basis of this assertion, the informant alleged that this incidence was seen by Shankar Munda (PW-3) and others by their own eyes. His fardbeyan was read over to him and explained and thereafter, he put his signature thereupon in the presence of Shankar Munda (PW-3), his brother. This led to the institution of Tamar P.S. Case No. 112/2010 on 16.11.2010 for the offence under section 302 of the Indian Penal Code as against the sole accused Durga Charan Munda. Investigation started thereafter.

4. On conclusion of investigation, charge sheet bearing no. 141/2010 dated 30.11.2010 under section 302 of the Indian Penal Code was filed in the court by the police against the sole accused/appellant herein. Cognizance was taken on 7.12.2010 and thereafter the case was committed to the court of Sessions on 04.02.2011. Charges were framed on 02.06.2011 against the sole accused under section 302 of the Indian Penal Code and were explained to him in Hindi, to which he pleaded not guilty and claimed to be tried. Thus, case was put up for trial.

5. During course of trial, prosecution examined seven witnesses:

PW-1: Jehru Lal Munda

PW-2: Amar Munda

PW-3: Shankar Singh Munda

PW-4: Pushpa Devi

PW-5: Somchand Singh Munda

PW-6: Yugal Kishore Ram

PW-7: Dr. Samarina Kamal

Prosecution also adduced certain documentary evidence in support of their case, as under:

Ext.-1: Signature of the informant Jehru Lal Munda on the fardbeyan.

Ext.-2: Postmortem report

Both were proved without objection.

6. After closure of the prosecution evidence, statement of the accused was recorded under section 313 of the Cr. P.C on 05.08.2013 in which material evidence was put to him, but he pleaded his innocence and stated that he has been falsely implicated.

On behalf of the defence, two witnesses were examined, as under:

DW-1: Rohin Singh Munda

DW-2: Gora Munda

7. Learned Trial Court upon consideration of the entire material evidence on record and submission of learned counsel for the parties, held the accused guilty of the charge under section 302 of the Indian Penal Code, as according to it, prosecution have been able to prove its case beyond shadow of all reasonable doubt. He was sentenced to undergo rigorous imprisonment for life with a fine. The appellant being aggrieved therefrom, has preferred the instant appeal.

8. Learned Amicus Curi