- (1.) It is the case of the prosecution that a First Information Report was lodged at Ramgarh Police Station within the district of Dumka on 17th December, 2002 at 12 noon by Rahora Hembrom (informant-P.W.7) on 16th December, 2002 he was in his house, as he was having some pain in his hydrosel, and his mother, namely, Muni Besra (deceased) was sleeping in the adjacent room. On that day at 13 hours, his cousin brother, namely, Sole Hembrom (Appellant), came there having axe in his hand and started alleging that the mother of the informant viz. Muni Besera is a "witch" and she has killed his son and thereafter, gave axe blow on the head of his mother. The informant further stated that on the day of incident, his daughter, namely, Bale Hembrum (P.W. 1) was also there at the place of incident. It is further stated by the informant that having killed his mother, Sole Hembrom (Appellant) fled away after throwing the axe in the courtyard. The informant is the son of the deceased.
(2.) Thereafter, investigation was carried out, charge sheet was submitted and after commitment, the case was numbered as Sessions Trial No. 150 of 2003 and on the basis of the evidences of the prosecution witnesses as well as on the basis of the materials seized like blood stained axe with a wooden handle, recovered from the courtyard, and on the basis of other documentary evidences, the Appellant-accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and against the judgment and order of conviction and sentence, the present appeal has been preferred. Reasons: 1. We have carefully gone through the records and proceedings of the trial court and having perused the evidences on record of the prosecution witnesses, it appears that P.W. 1, Bale Hembrum, is the eye witness of the incident, who has clearly narrated in her deposition that on the date of occurrence, she was ill and therefore she was in the house and her grand-mother (deceased) was also sleeping in the house. Accused came to her house having axe in his hand and assaulted her grand-mother with the axe on her head near eye. It has also been stated by P.W. 1 that her grand-mother ,namely, Muni Besera, expired on the spot. The accused, thereafter, threw the axe and said now he will go to jail. It has also been stated by P.W. 1 that two days before the incident, son of the accused had expired. Looking to her cross-examination, it appears that nothing is coming out in favour of the Appellant-accused. Though P.W. 1 is a rustic witness, she has given clear deposition before the court about the whole incident, without any exaggeration. Her presence in the house is natural one. Thus, P.W. 1 is a trustworthy and reliable witness. 2. Looking to the deposition of P.W. 7, who is the son of the deceased and is also informant in the present case, it appears that this witness has also stated that two days before the incident, son of the accused had expired and the accused was calling the mother of the informant a "witch". Threat was also given by the accused to the mother of the informant. P.W. 7 has stated on oath that on 16th December, 2002, when he came at home, there was pain in his hydrosel. His mother was sleeping in the house. His cousin brother, who is accused, namely, Sole Hembrom, assaulted mother of the informant (Muni Besera) by axe on the left side of her head and she expired on the spot. Accused, thereafter, threw the axe in the courtyard and ran away. Thus, the motive is also alleged by this witness for committing murder of the deceased. The presence of this witness at his own house is a natural one. Thus, it appears that neither there is any exaggeration nor there is any omission or contradiction, looking to the deposition of P.W. 9, the Investigating Officer. This witness (P.W. 7) has given clear deposition and, thus, is a reliable and trustworthy witness. He is also informant in the present case and has supported the deposition of P.W. 1.
(3.) Looking further to the depositions of other prosecution witnesses, especially P.W. 8 (Dr. Anant Kr. Jha), who was Medical Officer at Sadar Hospital, Dumka, it appears that he has carried out post-mortem examination of the deceased on 18th December, 2002 and has pointed out the following ante-mortem injuries: (i) There were incised wounds over left side of forehead from left eyebrow measuring 31/2" X 2" X deep into cranial cavity. On further dissection brain matters found lacerated and cranial cavity was found full of blood. In the opinion of the doctor death was due to head injury aforesaid which was caused by hard and heavy instrument. Time elapsed since death was within 72 hrs.;