LAKSHMAN URAON,J. - (1.) The appellant, Nutan Kerketta, has preferred this appeal against the judgment and order of conviction and sentence dated 24.3.98 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumla in S.T.No.233/94, whereby and whereunder, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.
(2.) THE prosecution case in brief is, as stated in the fardbeyan, Ext.5, by the informant, Martha Kerketta (not examined), recorded by the S.I., Gupteshwar Singh, PW -11, Officer -in -Charge of Kamdera P.S. on 18.11.93 at 8.30 A.M. at village Rerwa Ambatoli is that on 16.11.93 at 7.30 P.M. she was sitting by the side of oven and her son, Nutan Kerketta, the appellant, was sitting inside the home at the door. At that time her husband, Daud Kerketta (since dead) returned home after doing his labour work. As soon as he wanted to enter into his home, then Nutan Kerketta in an intoxicated mood questioned his father, Daud Kerketta, as to where he had gone? His father replied that he had gone to do his labour work. At that very moment Nutan Kerketta started assaulting his father. The informant came out of the house and saw her son, the appellant, Nutan Kerketta, assaulting her husband, Daud Kerketta, on his head with an axe. Her husband on being injured fell down in front of the house. Her son, Nutan Kerketta, after assaulting his father fled away towards Basti. Her husband died instantaneously at the spot. As it was late night she did not inform anyone in the village. In the next morning, she informed Manthi Prakash Kerketta (not examined) and then the other villagers went to her house and saw her husband dead. The blood -stained axe was thrown outside her home which was picked up and kept by her. Her son, Nutan Kerketta, after causing the murder of his father went in search of Hanuk Kerketta, PW -5, elder brother of his father, taking Dauli to kill him. The prosecution has examined altogether 10 witnesses in order to substantiate the charge levelled against the appellant, Nutan Kerketta, under Section 302 of the IPC. PW -1, Mir Prakash Munda and PW -2, David Kerketta are the seizure -list witnesses in respect of seized bloodstained axe, signature of PW -1 ( Ext. 1) and their signatures on the inquest -report prepared by the I.O. in their presence in carbon process, Exts. 2 and 2/1 respectively. PW -3, Joseph Surin, is the witness before whom Nutan Kerketta made his extra judicial confession that he murdered his father. PW -4, Juhani Barla, went to the house of the appellant in the evening and saw the dead body of the father of the appellant. The mother of the appellant (informant) had not informed this witness as to how her husband died. PW -5 , Hanuk Kerketta, is the seizure -list witness in respect of blood -stained soil. He signed on the seizure -list, Ext.3, prepared by the I.O., after seizing the blood -stained soil in his presence. The I.O. also seized the blood -stained axe in his presence and prepared the seizure -list on which also he signed, Ext.1/1. PW -6, Dr. Hemant Kumar, conducted the autopsy on the dead body of Daud Kerketta on 19.11.93 at 7 A.M. and submitted postmortem examination report, Ext.4. PW -7, Junas Barla, went to the house of the informant and saw the dead body of Daud Kerketta in the courtyard. The informant, Martha Kerketta, was weeping by the side of the deceased. She did not disclose as to who assaulted her husband, Daud Kerketta resulting his death. PW -8 is the witness before whom Nutan Kerketta made his extra judicial confession that he murdered his father and fled away. When this witness went to the house of the informant, he found Daud Kerketta dead. PW -9, Adam Kerketta, is a hearsay witness who was informed by the informant, Martha Kerketta, that her husband was murdered by her son, Nutan Kerketta. He saw the dead body of Daud Kerketta in the courtyard of the informant. PW -10, Tanis Guria, was in his Khalihan where Nutan Kerketta went and informed that when he will return back from jail then he would cause the murder of Hanuk Kerketta. PW -11, Gupteshwar Singh, is the I.O. of this case and PW -12, Adam Munda, is a tendered witness. The defence has taken the plea that the appellant is innocent and has falsely been implicated in this case.
(3.) THE learned Session Judge, Gumla, relied upon the oral and documentary evidence produced by the prosecution and convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life.;