LAKSHMAN URAON, J. - (1.) THE sole appellant Govind Sah has preferred this Criminal Appeal against the judgment and order of conviction and sentence dated 29.3.2001, passed by Sri Sat Prakash, learned 6th Additional Sessions Judge, Dumka, in Sessions Trial No. 189 of 1998, arising out of Ramgarh P.S. Case No. 24 of 1998, corresponding to G.R. No. 353 of 1998, whereby and whereunder, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) THE informant Basanti Devi (PW 1), widow of the deceased Arun Prasad Sah, in her fardbeyan (Ext. 5), recorded by PW 12 Umesh Paswan, S.I., on 16.5.1998 at 23.30 hours at Village Sahejama, has alleged that her husband Arun Prasad Sah returned home at 1.00 p.m. from Dumka. He took his blind son and went to purchase Biri. As the shop was closed, he could not purchase anything. His blind son started crying as he was not provided with chocolate. Her husband Arun Prasad Sah scolded his blind son and abused in filthy language. The neighbour Govind Prasad Sah (appellant) suspected that he was abused in filthy language by Arun Prasad Sah. He went inside his house and came out with a Chhura and gave 6 to 7 Chhura blows on his abdomen and testicles. On being injured, he fell down and the child in his lap was also thrown away. Her husband Arun Prasad Sah after ten steps towards his home, in front of the door of Prem Shankar Sah, fell down. The informant when started weeping, she was also threatened by this appellant to be killed. Her husband died at the spot soon thereafter. Hearing her weeping, the neighbours Ramakant Sah (PW 2), Raghunath Sah, Mohan Prasad Sah and others reached there and saw the alleged occurrence. The appellant Govind Prasad Sah fled away towards Nonihat. The sole appellant was charged under Section 302 of the Indian Penal Code, which he denied. The prosecution in support of its case, examined altogether 12 witnesses to substantiate the charge levelled against the appellant. PW 1 Basanti Devi, widow of the deceased, is the eye witness. PW 2 Ramakant Sah is the brother and PW 3 Naresh Prasad Sah is the nephew. PW 4 Basudeo Prasad Sah is the father of the deceased. All these four witnesses are the eye witnesses of the alleged occurrence. PW 5 Jiwan Prasad Bhagat is a hearsay witness. PW 6 Mahesh Prasad Sah, nephew of the deceased, and PW 7 Lakhi Prasad Sah, brother of the deceased, are the witnesses on inquest report. PW 8 Suresh Prasad Sah, another nephew of the deceased, is seizure list witness in report of the seized Chhura. PW 9 is mother of the appellant. Naturally she is hostile witness. PW 10 Dr. Binod Kumar Sinha has conducted autopsy on the dead body of the deceased Arun Prasad Sah. PW 11 Chandrika Prasad, Officer incharge of Ramgarh Police Station, has simply submitted charge sheet whereas PW 12 Umesh Paswan is the Investigating Officer of this case.
(3.) THE learned 6th Additional Sessions Judge, Dumka, having relied the evidence of the eye witnesses i.e. PWs. 1,2,3 and 4 found their ocular evidence of the I.O. (PW 12), convicted this appellant under Section 302 of the Indian Penal Code and sentenced him thereunder.;