Kailash Prasad Deo, J. - (1.)Heard learned counsel for the appellant, Mr. Nilesh Kumar Gupta assisted by Mr. Kumar Udayan, Advocate and learned counsel for the State, Mr. Vikash Kishore, Additional Public Prosecutor.
(2.)The instant criminal appeal is directed against the judgment of conviction and order of sentence both dated 10.12.1996, passed by learned Judicial Commissioner, Ranchi, in Sessions Trial No. 619 of 1993 where by the sole accused/appellant has been convicted for offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life.
(3.)The prosecution case has unfolded on the basis of fardbeyan of Kaithu Oraon (P.W.-1), informant recorded by Sub-inspector of police R.P. Dubey, officer-in-charge, Bero police station at 18:00 Hours on 24.04.1993 at village Nehalu Bartoli. The informant has stated that at around 10:00 A.M. co-villager Dhucha Munda (accused/appellant) son of Mangra Munda, who is son-in-law of the informant, came to the house of informant after taking advice from some Ojha and started abusing informant at his door and disclosed that mother of the informant namely Bhukhli Urain (deceased) wife of Late Khambha Uraon, who was sitting at the door is practicing black magic being a Daain and killed his son. It is further stated that Dhucha Munda caught hold hand of the mother of the informant and dragged her towards South of village and assaulted her by means of lathi and danda (weapon of assault) indiscriminately causing serious injuries. The informant has further stated that when his mother was about to die, Dhucha Munda left her and fled away. The informant has claimed that he went there and brought his injured mother under the jackfruit tree and provided some water and after drinking water, the mother of the informant died. The informant has claimed that occurrence has been witnessed by Sukra Oraon (P.W.-2), Mangra Oraon (P.W.-6) both sons of Dhusa Uraon, Gowa Uraon son of Tangra Oraon and wife of the informant Birsi Urain (P.W.-4). The informant has claimed that accused/appellant Dhucha Munda has assaulted his mother and caused her death.