HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment dated 30.8.1996 and order of sentence dated 31.8.1996 passed in Sessions Trial No. 389 of 1993 whereby and whereunder the learned Sessions Judge, Slnghbhum (West) at Chaibasa held the appellant guilty under Sections 302/120B of the Indian Penal Code (IPC) and convicted and sentenced him to undergo RI. for life.
(2.) THE prosecution case in brief is that Udai Champia, the informant, gave fardbeyan on 4.8.1993 at 4.30 p.m. at village Nuiya stating therein that he is an employee of Gua Mines Plant and from 1993 his shift of work was from 2,00 p.m. not 10.00 p.m. and on 4.1993 he and his co - worker Bahadulla Kerai got down from the company bus on a Kucchi road near his house situated village Nuiya and from there they started for their respective houses and on the way near Bair tree, daughter of informant Gurubari aged about ten years and son Sadhu Champia, aged about eight years were seen crying and they disclosed to the informant that accused Rasika Champia has assaulted their mother with pharsa. On getting this piece of information, the Informant rushed to his house and saw him (Rashika Champia) near a jackfruit tree behind his house, running towards south and in the house he saw his wife Surumani Champia lying dead in pool of blood. On his hulla, neighbourers came there and his younger, brother Pandu Champia also came there and told him that on 3.1993 at about 5.00 p.m., Ramai Champia, the son of accused Lodro Champia was ailing and accused Mata Champia and Birsingh Deogam had been called for jharphook and pujapath and this jharphook and pujapath was being witnessed by many persons including women of the neighbourhood and Rasika Champia was also there. After the pujapath was over, Mata Champia gave others to understand that Surumani Champia (wife of the informant) practiced witchcraft on Ramai Champia, on this, other persons present there, namely, Mata Champia, Lodro Champia and Birsingh Deogam swore a promise that if Surumani Champia was not finished, she would practice witchcraft on other villagers and will kill them like them like this, then appellant Rashika Champia stood up, took up pharsa and went to the house of the informant and killed his wife by assaulting her with pharsa On the basis of the fardbeyan, a case under Sections 302/ 120B, IPC was registered and police after investigation submitted charge sheet on 6.9.1993. Cognizance of the case was taken and the case was committed to the Court of Sessions on 4.12.1993 where charges were framed and the learned Sessions Judge recorded evidence adduced by both the sides -both oral and documentary -and came to a finding and held the appellant guilty and convicted and sentenced him as aforesaid. 3 Prosecution has examined altogether elght witnesses. PW 1 is Munga Champia. He has been declared hostile and he has not supported the prosecution case. PW 2 Is Gurubari Champia. She is the daughter of the informant as well as the deceased. PW 3 is Sadhu Champia. He is the son of the informant as well as the deceased. PW 4 is Udai Champia. He is Informant of the case. PW 5 Is the brother of the informant. He has been declared hostile and he has not supported the prosecution case. PW 6 is the doctor who conducted postmortem examination on the dead body of Surumani Champia. PW 7 is Kanu Ram Champia. He has been declared hostile and he has not supported the prosecution case. PW 8 is the TO of the case.
(3.) PW 2 is Gurubari Champia. She has come to say that appellant committed murder of her mother by inflicting pharsa blow and at that time, she was in her house. She has stated that it was night and she was alone. She has further stated that she came out from the house but did not disclose about occurrence to anybody. She has further deposed that on arrival of her father (informant) she disclosed the occurrence to him and went with him to her house. She has further deposed that at the time of occurrence, Nitima and uncle Pandu Champia were not there. She has further deposed that Nitima had gone at the alleged date of occurrence.;