VISHNUDEO NARAYAN,J. - (1.) This appeal has been preferred by sale appellant named above against the judgment and order dated 30.9.1996 passed by Shri Jaywant Tiru, Additional Sessions Judge, Simdega in Sessions Trial No. 130 of 1990 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 R.I. for life.
(2.) THE prosecution case has arisen on the basis of fardbeyan (Exhibit -2) of P.W. 3, Ful Kumari, the informant, the wife of Padumnath Pradhan, the son of the deceased, Laxminath Pradhan of this case recorded by A.S.I., Md. Mahiuddin of Kurdeg P.S. Camp in the house of the informant situated at Mahua Toli , P.S.Kurdeg, District -Gumla on 24.9.1989 at 14.00 hours regarding the occurrence which is said to have been taken place on 23.9.1989 at 7 p.m. in the said house. According to the prosecution case, Laxmi Nath Pradhan, the deceased of this case, had three sons, namely, P.W. 1, Madan Mohan Pradhan, appellant -Dev Narayan Pradhan and Padum Nath Pradhan, the husband of the informant and they have their common house in village Mahua Toli, P.S. -Kurdeg, District -Gumla where they reside and the husband of the informant is in the Police Department at Rajsthan. It is alleged that on the day of occurrence at about 5 p.m. the informant was in her room in the said house and the deceased was also in the said house and at that time P.W. 1, Madan Mohan Pradhan came there with Hajit Manjhi, a local indigenous medical practitioner along with P.W. 4, Jitu Bphra for the treatment of his younger son and he was talking with them in a room facing south in the said house. It is alleged that at about 7 p.m. on that very day the appellant came from outside and he entered into the room of P.W.1, Madan Mohan Pradhan and started abusing his married daughter in filthy language stating that he had got the marriage of his daughter solemnized in the state of jointness and thereafter he has got the partition done separating this appellant and the appellant intimidated him to be taken to task and thereafter the appellant came out of the said room and went inside his room situate south west in the said house. It is alleged that P.W 4, Jitu Behra and Hajit Manjhi went away from there leaving P.W 1, Madan Mohan Pradhan in the said room and bolted the door of the said room from outside. The prosecution case further is that the appellant came in the courtyard of the house armed with Iron Ghan (Hammer) of 5 or 6 kilo of weight which is used for breaking stones and again started abusing the daughter of Madan Mohan Pradhan and also started wielding the said Ghan and at this deceased, Laxmi Nath Pradhan asked the appellant as to why he is creating nuisance in the house and asked him to go out of the house and thereafter the deceased was lifting the lantern from the Varamdah of the house and he was keeping the said lantern at the door of the room of the informant and his back was facing the courtyard at that time. The prosecution case further is that at that stage the appellant gave a blow on the head of Laxmi Nath Pradhan aforesaid by Ghan and further two blows were given by the said Ghan at his back and Laxmi Nath Pradhan fell down at the door in such a way that the upper part of his body was inside the room and there was profuse bleeding. It is also alleged that the informant gave some water in his mouth and he opened the room of Madan Mohan Pradhan aforesaid and brought him out of the said room and thereafter she spread sack on the ground and kept the dead body of the deceased with the help of Madan Mohan Pradhan on the said sack and the appellant fled away with the Ghan aforesaid. 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 implicated in this case in view of the fact that P.W 1, Madan Mohan Pradhan had grabbed a lions share in the ancestor house which was always protested by this appellant and Laxmi Nath Pradhan, his father, the deceased of this case and furthermorethe said Madan Mohan Pradhan had illicit relationship with the informant, Ful Kumari for which this appellant along with said deceased used to raise objections and the said Madan Mohan Pradhan has committed the murder of Laxmi Nath Pradhan with the help of informant, P.W. 3, Ful Kumari.
(3.) THE prosecution has examined by 8 witnesses before the court below to substantiate the charge levelled against the appellant. P.W.3, Ful Kumari, the informant, is the solitary eye witness of this case, P.W.1, Madan Mohan Pradhan is the son of the deceased present in a room bolted from out side in the P.O. house at the time of the occurrence. P.W. 4, Jitu Behra has turned hostile and does not support the prosecution case. P.W. 5, Jagarnath Pradhan a hearsay witness, has come to P.O. house on being called by P.Ws. 1 and 3 after the occurrence. P.Ws. 2, 7 and 8 are formal witnesses. It is relevant to mention here that the doctor conducting the post mortem examination on the dead body of the deceased and the Investigating Officer have not taken oath in this case.;