NARENDRA NATH TIWARI, J. - (1.) APPELLANT has been convicted under Sec.302 Indian Penal Code arid has been sentence to undergo RI for life by the Additional judicial Commissioner, Khunti in Sessions Trial No. 423 of 1994.
(2.) THE prosecution case, in brief, is that on 15.12.1993 at about noon, the informant 's younger brother 'swife Binjo Mundain along with her 10 years daughter Jouney and three months aged son had gone to Perto Tanr land to collect fire wood. His younger brother had gone to Jaltanda bazar. At about 4.00 p.m., her niece Jouney (PW 3) informed the informant at his residence that accused Dhuchu Munda @ Sardar Munda assaulted her mother with a Tangi (axe) causing her severe injuries. On getting the information, the informant along with other villagers went to Perto Tanr and found Binjo Mundain lying dead. On her face, there were several injuries caused by Tangi. Her three months aged child was screaming nearby. According to the prosecution, at about 8.30 p.m. on the same day, Karra police arrived at the place of occurrence and had recorded the statement of the informant. On that basis, an FIR was drawn and a case was registered under Sec.302 IPC. The police after investigation submitted charge -sheet against the appellant under Sec.302 IPC. Subsequently, the charge was framed under the said Section which the appellant denied and he was thus put on trial. In course of trial, the prosecution examined as many as 8 witnesses. Out of them, PW 3 Jouney is said to be the solitary eye -witness. In this case, IO was not examined. PW 1, PW 2, PW 4, PW 5 and PW 6 were the witnesses who were informed about the incidence by said Jouney (PW 3) and thus they are hearsay witnesses. PW 7 is the doctor who conducted post -mortem examination on the dead body of the deceased, whereas PW 8 Dharam Pal Oraon -is the Officer -in -Charge of Karra PS who has proved the formal FIR drawn by Ramraj Mishra, the then ASI Karra PS (Ext 4).
(3.) PW 1, who is co -villager, stated in his deposition that on the date of occurrence, Jouney (PW 3) while returning home weeping, passed through the front of his house. He followed her and there he heard the account of the incidence which was narrated by Jouney to his elder uncle. Whereupon he along with the informant and others went to the place of occurrence and found the dead body of Binjo Mundain lying with several cut injuries on her face and head. PW 2 almost repeated the same story as was stated by PW 1, PW 4 is the another daughter of the deceased. At the time of her deposition, her age was assessed as 11 years. She stated that on the date of occurrence, she was grazing cows at some distance. She heard the alarm raised by her sister Jouney (PW 3). She rushed towards the place of occurrence and found her mother lying injured. There were several wounds on her face and head and by then her mother had already died. Ac - cording to her, she came to know through Jouney that her mother was killed by the appellant. PW;