VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 5.7.1996 passed in Sessions Trial No. 199 of 1991 by Sri Ram Nath Ram Mahato, 1st Additional Sessions Judge, Dhanbad whereby the appellant was found guilty of the offence punishable under section 304 I.P.C. and he was convicted and sentenced to undergo R.I. for 10 years.
(2.) THE prosecution case has arisen on the basis of the Fardbeyan of informant Sona Manjhi, the injured of this case, who died subsequently in course of the treatment recorded at 1.20 hours in the night between 12/13th of February, 1984 in the house of the informant in village Bansmuri, RS. Tetulmari, District Dhanbad by S.I. Surja Narayan Das of Bansmuri O.R regarding the occurrence which is said to have taken place at 20.00 hours on 12.2.1984 at Village Bansmuri aforesaid. The prosecution case, in brief, is that an altercation took place between the informant and his nephew, the appellant at about 8.00 O'clock in the night on 12.2.1984 in respect of a dispute regarding the land of the house and at that time the informant as well as the appellant were in a drunken state and in course of that altercation the informant had abused him, chid him and slapped him and at this the appellant assaulted him and caused him two bleeding injuries on his back and also injuries on his waist and abdomen by Chhura (dagger). It is alleged that on alarm the Sarpanch of the village and others came at the place of the occurrence. It is also alleged that the appellant has assaulted him with intention to commit his murder.
(3.) THE case was initially instituted against the appellant under sections 307, 326 and 324 of the Indian Penal Code but charge sheet has been submitted under section 302 I.P.C. due to the death of the injured informant in P.M.C.H., Dhanbad.;