JUDGMENT :

1. Heard learned Amicus Curiae Mr. Rajeev Ranjan Tiwary, appellant and learned Additional Public Prosecutor Mr. Pankaj Kumar representing the State.

2. The sole appellant has undergone conviction for the charge under section 302 of the Indian Penal Code and is suffering incarceration of life imprisonment with a fine of Rs. 10,000/-and to suffer default sentence for one year on failure to deposit the fine amount, by the impugned judgment dated 21.09.2013 / order of sentence dated 28.09.2013 rendered by the learned Judicial Commissioner-II, Khunti in Sessions Trial No. 626 of 2009 which arose out of Arki P.S. Case No. 15/2009 corresponding to G.R. No. 167/2009.

3. The prosecution story developed on the basis of the fardbeyan of the father of the deceased Lembo Kumari namely Phagua Lohara (examined as P.W.2) recorded by the Sub Inspector Dharam Deo Ram, Officer-in-charge, Arki P.S. on 28.05.2009 at 9.45 hours at Lupung Piri side of Pucci road. As per the fardbeyan, the informant asserted the role of the accused Chamru Munda (sole appellant) in killing his daughter Lembo Kumari aged 16 years whose dead body was found on 28.05.2009 near Lupung Piri by the side of Pucci road. Her daughter Lembo Kumari aged 16 years had gone to Birbanki village on 25.05.2009 to see Mela. The informant alleged that the accused Chamru Munda, son of Gansa Munda, resident of Icharuti, P.S. Arki waylaid her and assaulted by Farsa on her neck causing her death. The informant stated that Chamru Munda was in love with his daughter Lembo Kumari and wanted to marry her, but he suspected that Lembo Kumari was in love with some other boy. The informant further alleged that a Panchayati of two villages was done which caused delay in institution of the fardbeyan. On this assertion, the informant alleged that his daughter has been killed by the accused Chamru Munda by assaulting her with Farsa. Budhram Lohra (P.W.3) has signed as fardbeyan witness.

4. Upon institution of Arki P.S. Case No. 15/2009 dated 28.05.2009, police swung into action and finding the case true, submitted charge sheet bearing no. 12/2009 on 31.05.2009 under section 302 of the Indian Penal Code against the sole accused Chamru Munda citing eight witnesses. After cognizance, case was committed to the Court of learned Additional Judicial Commissioner, FTC where charges were framed against the sole accused under section 302 of the Indian Penal Code on 09.10.2009. On being read over and explained to the accused in Hindi, he pleaded not guilty and claimed to be tried. Thus, trial commenced.

5. Prosecution adduced eight witnesses in support of its case, named as under:

P.W.1: Dr. Rajeshwar Prasad

P.W.2: Fagua Lohra

P.W.3: Budhram Lohra

P.W.4: Lebra Nag

P.W.5: Sora Devi

P.W.6: Santosh Lohra

P.W.7: Gune Nag

P.W.8: Dharm Deo Ram

It also exhibited number of documents up to Ext.4, as under. All proved without objection.

Ext.1: P.W.1 proved the postmortem report

Ext.2: P.W.3 proved his signature on fardbeyan

Ext.3: The Investigating Officer (P.W.8) proved the Fardbeyan

Ext.4: Endorsement on fardbeyan proved by P.W.8.

6. Homicidal death has been shown from the postmortem report of P.W.1 Dr. Rajeshwar Prasad, which has been proved and marked as Ext.1, as under:

“Rigor Mortis absent all over body. Body is in state of highly advance decomposition. Body massively swollen. Features bloated and disfigured. Maggots all over body. Head separated from the Trunk. Skin of trunk peeled off here and there. Large blisters present. The scalp hair losses.

Injuries:

Sharp cut wound in the neck at the level of cervical 4th and 5th vertebra resulting in total decapitation of head from the trunk. Edges of bone though deformed by the maggots and marking on cervical 4th and 5th vertebra show multiple attempts of decapitation. Examination of head shows similar injuries correlating with the injuries present in neck of the Trunk. All injury are ante mortem in nature and caused by sharp cutting object. Cause of death: Heamorrhage and shock. Time