VISHNUDEO NARAYAN,J. - (1.) THIS appeal has been directed by the sole appellant named above against the' impugned judgment dated 24.3.1994 passed by Shri Dinesh Narain Pathak, 6th Additional Sessions Judge, Dumka. in Sessions Case No. 238 of 1993 whereby and whereunder the appellant was found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life. However, the co -accused Rupin Murmu, the wife of the appellant has been acquitted.
(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 2) of P.W. 10 Malin Hembrum, the son of Mangal Hembrum who is the deceased of this case recorded by P.W. 11, Dinanath Mishra, the 1.0. on 7.11.92 at 4.00 hours at Dumka Muffasil P.S. regarding the occurrence which is said to have taken place on 6.11.92 between 8.00 P.M. and 9.00 P.M. in front of the house of P.W. 9, Jiwan Hembrum in village Ranidinda, P.S. Dumka Muffasil, District Dumka. According to the prosecution case the deceased is the full brother of the appellant and the informant is the son of the deceased and the deceased and the informant were on litigating terms prior to the occurrence and there had been quarrels on several occasions between them and the proceeding under Section 107 of the Cr.P.C. had also taken place between them prior to the occurrence. It is alleged that the appellant along with the acquitted accused Rupin Murmu came to the courtyard of the informant and asked the deceased to accompany them and at this the deceased went out of his house in their company. It is also alleged that soon, thereafter, P.W 10, the informant and P.W 4, the wife of the deceased followed them. The prosecution case further is that when the appellant along with the deceased and acquitted accused Rupin Murmu reached near the house of P.W. 9, Jiwan Hembrum, a scuffle took place between them and the appellant along with his wife Rupin Murmu felled the deceased on the ground and, thereafter, the appellant took out a dagger from his pocket and inflicted a blow on the chest of the deceased causing a bleeding injury and, thereafter, on alarms P.W. 3, Arjun Hembrum and P.W. 8 Neelamji Hansda came there and the appellant along with Rupin Murmu fled away from there. Mangal Hembram was brought to his house from the place of occurrence by the informant and others where he died.
(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 got up case due to enmity which is still existing and alive.;