VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the sole appellant named above against the impugned judgment and order dated 10th February, 1999 and 11th February, 1999 respectively passed by Shri D.N. Upadhyay, 1st Additional Sessions Judge, Giridih in S.T. No. 225 of 1996 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 the fardbeyan (Ext. 2) of PW 4, the informant, Ganesh Hazra son of Lekho Hazra, the deceased of this case, recorded by S.I., Rajiv Singh of Jamua P.S. on 23.4.1996 at 9.30 hours at village Merho Chaprakho, P.S. Jamua, District Giridih regarding the occurrence which is said to have taken place on 22.4.1996 at 11.30 p.m. adjacent the house of the deceased in village Merho Chaprakho. The formal FIR was drawn on 23.4.1996 at 11.00 hours and the fardbeyan along with the formal FIR was received in the Court of C.J.M., Giridih on 24.4.1996. The prosecution case, in brief, is that the informant along with his family members were sleeping in his house after taking meal and at about 11.30 in the night his neighbour, PW 1, Phalia Devi came to his house and awoke him and told him that the appellant is assaulting his father Lekho Hazra by farsa and on this information, PW 4, the informant, ran to the house of his father Lekho Hazra as he lives separately at some distance and saw that the appellant Narayan Hazra has cut the neck of his father Lekho Hazra by farsa and the said appellant was sitting there armed with farsa. It is also alleged that the appellant seeing the informant chased him and told him that the shall also be done to death. It is also alleged that the informant went to the house of Horil Dusad, the chowkidar of the village but he could not find him there and, thereafter, he went to Chunnu Mian, the Mukhiya of Leteki Panchayat who advised him to go to the Police Station. It is also alleged that he returned to his house and learnt that the appellant has fled away from his house. The prosecution case further is that the marriages of sister and brother of Ramu Hazra who is his neighbour were recently solemnized and the appellant had told Gunjari Devi, the mother of Ramu Hazra that she has saved the entire money in the marriage and she has not even provided him feast on the occasion and at this the deceased had reprimanded the appellant as to why he indulges in such a talk and it led to an altercation between the appellant and his father Lekho Hazra and in the course of the said altercation, the appellant went inside his house and brought a farsa and cut the neck of Lekho Hazra as a result of which his father Lekho Hazra died at the spot. It has also been alleged that PW 1, Phalia Devi, wife of Bansi Hazra as well as his wife besides several other persons of the village have witnesses the occurrence.
(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 case.;