VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the sale appellant named above against the impugned judgment dated 24.1.1994 passed in S.T. No. 56 of 1990 (G.R. 720 of 1989) by Shri G. K. Verma, 2nd Additional Sessions Judge, Gumla, whereby and whereunder the appellant aforesaid was found guilty for the offence under Section 302 of the Indian Penal Code and he' was convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 6) of P.W.3, Bandhani Orain, the widow of Thupa Oraon, the deceased of this case and the elder brother of the appellant aforesaid recorded by P.W.12, Bhaiyalal Singh, O.C. of Basia P.S. on 31.10.89 at 11.30 hours at P.S. Basia regarding the occurrence which is said to have taken place on 30.10.89 at 8.30 P.M. inside the house of the informant in village Poktanawa Tali, P.S. Basia, District Gumla and the said F.I.R. was recorded in presence of the chowkidar of the said village and the appellant was produced by the informant and the village chowkidar at the P.S. aforesaid by them. The said F.I.R. was received in the court of C.J.M. on 1.11.89. The prosecution case, in brief, is that the appellant is the younger full brother of the deceased and both were residing in the P.O. house. It is alleged that the night of the occurrence is the Deewali festival night and the deceased has taken Hariya on that occasion and he returned to his house and asked from the wife of the appellant as to where the appellant has gone. It is alleged that the wife of the appellant brought the appellant from the other house and at this the deceased asked the appellant as to where he had gone and at this the appellant mounted assault on the deceased by tangi (axe) by giving three or four blows on his neck. nose, arm and other places causing his death at the spot. It is also alleged that P.W.2 Ganauri Orain, the sister of the deceased and the appellant, had intervened to ward of the occurrence. It is also alleged that on alarms P.WA, Lakshman Oraon, aged about 10 years, the son of the deceased, came there and started weeping seeing the assault being perpetrated on the deceased. It is also alleged that P.Ws. 1 and 6, the mother and father of the deceased also came there on alarms and had witnessed the occurrence and the appellant, thereafter, went inside his room where he remained after the occurrence. It is also alleged that the chowkidar of the village was informed to come to the place of occurrence and, thereafter, the informant in the company of the chowkidar along with the appellant came to the police station and reported about the occurrence.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity and the deceased has died due to fall under intoxication.;