Lakshman Oraon, J. - (1.) SOLE appellant Puria Rabidas has preferred this appeal against, the order of conviction and sentence passed by Sri Ram Vyas Ram, 4th Additional Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 292 of 1990 on 30th May, 1992 under Section 302 of the Indian Penal Code to go imprisonment for life and under Section 323, IPC to go R.I. for one year directing to run both the sentences concurrently.
(2.) THE prosecution case as per written information Ext. 1, given by the informant PW 1 Arun Kumar Das is that the wall of his house situated at village Hathigarh had fallen down. To repair the said wall on 23.1.1990 at about 3.00 p.m. he had erected Pusta of the wall. Thereafter he had gone to village market to run his tea -stall. When he returned his home at about 8.00 p.m. then he was informed by his wife that the Pusta erected by him was cut by Puria Rabidas. When she objected, then Puria Rabidas abused her. The informant went to inquire as to why Puria Rabidas cut the Pusta of his wall, then he was also abused by the appellant. The appellant caught his collar and gave fist -blow on his neck. Informant's brother Swapan Kumar Das rushed to rescue the informant. In the meantime, Puria Rabidas brought a gupti from his house and assaulted on the head of Swapan Kumar Das to kill him. Swapan Kumar Das sustained bleeding injuries, fell down and became unconscious. Fekan Rabidas (PW 2) and Nirmal Kumar Das (PW 7), both of village Hathigarh, went there on hearing alarm and intervened in the matter. Injured Swapan Kumar Das was taken to Teen Pahar Railway Station in an unconscious condition and thereafter went to the Rajmahal PS and gave information in writing (Ext. 1). The prosecution has examined altogether nine witnesses to prove the charges levelled against the sole appellant under Sections 302 and 323, IPC. PW 1 Arun Kumar Das went on alarm to the P/O. PW 6, Harani Devi, PW 7 Nirmal Kumar Das and PW 3, Rohit Kr. Das, were tendered by the prosecution. PW 4 Sheonarayan Sah is a formal witness who has proved formal FIR (Ext. 2). PW 5 Malti Devi is the wife of PW 2 Fekan Rabidas who claims to be the eyewitness of the alleged occurrence. PW 8 Abrar Ahmad Khan is the I.O. of this case, whereas PW 9 Dr. A.K. Sinha conducted the post mortem examination on the dead body of Swapan Kumar Das. The defence has not examined any witness. The case of the defence is simply denial regarding commission of the alleged offence by the sole appellant and false implication in a concocted case.
(3.) THE learned Court below relied the evidence of PW 1 Arun Kumar Das, the informant, neighbour Fekan Rabidas (PW 2) and his wife Malti Devi (PW 5) who are the eye -witnesses of the alleged occurrence, supported by the evidence of PW 8 Abrar Ahmad Khan, I.O. and PW 9 Dr. A.K. Sinha.;