- (1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 18th December, 2003 passed by the 1st Additional Sessions Judge, Seraikella in ST. No. 284 of 1995, whereby this appellant has been convicted for the offence punishable under Section 302 of the I.P.C. and awarded a sentence of life imprisonment and a fine of Rs. 10,000/-. In case of default in payment of fine, he was to undergo Rigorous Imprisonment for further six months.
(2.) Case of the Prosecution: Case of the prosecution is that on 18th March, 1995 at about 14.45 hrs (i.e. 2.45 p.m.) informant Lal Singh Tiu (P.W.-3) gave Fardbayan before the police that on 18th March, 1995 at about 12.00 hrs. (Noon), while he was in conversation with his mother Pangala Tiu (deceased) and his sister Sukarmani Tiu (P.W. 3) in the courtyard of his house, his cousin (son of his elder uncle) Sona Ram Tiu (accused) came there with a Bhujali in his hand and started assaulting mother of the informant on the chest and stomach to kill her and in that course, he got her injured. When informant raised hulla, Sona Ram Tiu tried to escape. Informant and the local people chased him but he was successful in fleeing away from the place of occurrence. The informant further alleged that few days before the occurrence some altercation had taken place between his mother (deceased) and Sona Ram Tiu (accused) which continued for two to three days regarding 'Shradh' ceremony (last rites) of three members of his family, who died few days back, to be performed jointly and regarding invitees to the said ceremony and due to this reason, on 18th March, 1995, accused Sonaram Tiu assaulted her mother with Bhujali to kill her, as a result of which she died on the spot.
(3.) Details regarding eight witnesses examined by the prosecution in a tabular chart. Arguments of the counsel for the Appellant:;