The main legal point established in the judgment is that the absence of conclusive evidence of intention to commit murder and the absence of a murder weapon led to the modification of the appellant's conviction to culpable homicide not amounting to murder under Section 304 Part II of the Indian Penal Code.

JUDGMENT

1. Heard learned Amicus Curiae and Additional Public Prosecutor on behalf of the State.

The conviction of the sole appellant Devilal Murmu in Sessions Trial No.68 of 2010 for the charges under Section 302 of the Indian Penal Code is under challenge herein. The impugned judgment has been rendered on 17 th December 2013 by learned District and Additional Sessions Judge-III, Dumka and the appellant has been sentenced to undergo imprisonment for life with a fine of Rs.25,000/- in default whereof to suffer simple imprisonment for further two months by the impugned order of sentence dated 21 st December 2013.

2. The informant Bhutal Soren is the brother of the deceased Guddu Soren aged 40 years who inter-alia alleged that the accused Devilal Murmu had committed the offence. His Fardbeyan was recorded at 5.30 hours on 1 st January 2010 by the Sub-Inspector Sanoj Kumar, Officer In-charge, Ramgarh Police Station at Dholpathar Maidan. As the prosecution story goes the informant asserted that he received an information in the night that his brother (deceased) Guddu Soren had been killed by someone near Dholpathar Maidan (field). He proceeded along with his brother Dhaniram Soren (P.W.4) from village Majdiha at around 10.00 in the night. On reaching there, the villagers present informed that a football match had been played earlier and people present there were indulging in drinking, eating, etc. His brother Guddu Soren was also indulging in drinking and eating with the accused Devilal Murmu son of Late Sukul Murmu of village Kushumdih, P.S. Ramgarh, District Dumka. In course thereof, there was a quarrel amongst them, as a result the accused Devilal Murmu sat over his chest and assaulted him with a stone and also took his life by throttling. This incidence was seen by several people around whereafter Devilal Murmu was chased and caught. On these assertions the informant pleaded legal action against him. Upon this Fardbeyan a formal F.I.R. bearing Ramgarh P.S. Case No.01/2010 was registered under Section 302 of the Indian Penal Code against the sole accused Devilal Murmu. The case was found true as against the accused/appellant herein and charge sheet was submitted bearing no.13/2010 dated 26.01.2010 under Section 302 of the Indian Penal Code.

3. After cognizance was taken on 5 th February 2010, the case was committed to the court of sessions. Charges were framed on 3 rd April 2010 under the aforesaid Section of Indian Penal Code. It was read over and explained to the accused in Hindi language to which he pleaded not guilty and claimed for trial.

4. During course of trial prosecution produced eight witnesses in support namely P.W.1 Brenyus @ Briantus Soren, the nephew of the deceased who claimed himself to be an eye-witness; P.W.2 Kisto Marandi is the brother-in-law of P.W.1, P.W.3 Rahul Hansda is brother of P.W.1, P.W.4 Dhaniram Soren respectively are hearsay witnesses. P.W.5 Dr. C.P. Sinha is the Medical Officer who conducted autopsy on the dead body and proved the post-mortem report as Ext.2. P.W.6 is Lukhiram Hansda who also had gone along with P.W.2, P.W.3 and one Bhimsen Tudu to the place of occurrence immediately after being informed by P.W.1 that his uncle Guddu Soren was being assaulted by a person. This witness claims to have also seen the accused sitting on the chest of the deceased and trying to throttle his neck. P.W.7 Bhutal Soren is the informant, a hearsay witness as stated above who has proved his signature on Fardbeyan and carbon copy of inquest report as Ext.1/2 and 1/3. P.W.8 is the Investigating Officer.

5. The prosecution adduced the following documentary evidence also in support during trial: Ext.1 and 1/1 are the inquest report and signature of P.W.4 proved by him; Ext.2 is the post-mortem report proved by the Medical Officer P.W.5; Ext. 1/2 and 1/3 are the signature of P.W.7, informant on Fardbeyan and on the inquest report; Ext.3 is the Fardbeyan; Ext.3/1 is the signature of Sanoj Kumar on the Fardbeyan; E