VISHNUDEO NARAYAN,J. - (1.) THIS appeal has been directed by the sole appellant named above against the judgment dated 10.5.1991 passed in S.T. No. 241 of 1990 by Sri Amir Das, Sessions Judge, Singhbhum, camp at Jamshedpur, whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo RI for life.
(2.) THE prosecution case has arisen on the basis of FIR (Ext. 3) of PW 3 Surajmani Sardarin, the wife of Rasbihari Sardar, the deceased of this case, recorded by Shri J.N. Tiwari, OC Patmada PS on 11.3.1990 at 11.00 hours regarding the occurrence which is said to have taken place in village Chunidih PS Patmada district, East Singhbhum on 10.3.1990 at 22.00 hours. The prosecution case, in brief, is that Rasbihari Sardar, the deceased of this case and the husband of PW 3, the informant used to work as Ghatwal in Patmada PS and he had only four daughters and no son and two of his daughters reside in their matrimonial home and his third daughter PW 1 Basumati is married with the appellant Shiv Charan Singh Sardar and the appellant was residing in the house of the deceased in village Chunidih as gharjamai with his lawfully wedded wife PW 1, Basumati. It is alleged that the deceased returned from Patmada PS to his house and he was talking with the PW 3, the informant, PW 1, Basumati and the appellant in the house at 11.00 oclock in the night and in the course of talk he asked from the appellant as to why he is sitting idle and does not work. It is allege that at this the appellant became enraged and altercation took place between them and at this he picked up an axe and assaulted the deceased by the said axe as a result of which he fell down and died instantaneously. It is also alleged that when PW 3, the informant and PW 1 Basumati attempted to save the deceased, the appellant also wielded the axe on them to assault them and they came out of the house and raised alarms and PW 2 Chunna Tanti along with others came there and they were told about the occurrence. Since it was midnight, the occurrence was not reported to the PS concerned in the night itself.
(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 he has been falsely implicate in this case and the deceased in the drunken state fell on the ground and sustained injuries which had resulted into his death.;