AMARESHWAR SAHAY, J. - (1.) THE sole appellant has filed this appeal against the judgment dated 17.4.1995 passed by the Additional Judicial Commissioner, Khunti (Ranchi) in Sessions Trial No. 391 of 1993, whereby the trial court has convicted the appellant finding him guilty for committing the offence under Section 302 of the In dian Penal Code and, thereby, sentenced him to undergo R.I. for life.
(2.) THE informant Lobin Singh Ganjhu (PW 4) submitted a fardbeyan on 11.7.1992 at about 10.30 A.M. at his residence alleging therein that on the previous day, i.e. 10.7.1992 at about 5.30 P.M. when he and his wife Lakhi Mani Devi (PW 6) returned to their house. they saw that the appellant coming out from their house and running away from the back side holding a blood stained 'Chhura' in his hand and when the informant entered into his house, he found his daughter Sahchari Kumari aged about 15 years lying unconscious in pool of blood. The informant and his wife came out and started raising hulla then co -villagers Shanku Singh Ganjhu (PW 5), Kapildeo Singh Ganjhu (PW 7), Shim Singh Ganjhu (PW 2) chased the appellant but he managed to flee away. Those villagers told the informant that the appellant had a blood stained 'Chhura' in his hand while he was running away. The informant came back to his house and saw his daughter lying dead in pool of blood. The informant alleged that the appellant Pitamber Singh Ganjhu was of bad character and on earlier occasion also he had tried to outrage the modesty of his daughter, which was protested and, therefore, he killed her by means of dagger. The accused/appellant pleaded not guilty and stated that he has falsely been implicated in this case.
(3.) IN order to establish the charges, the prosecution examined altogether 11 witnesses. PW 1 Saijnath Singh, is a hearsay witness but is also a witness on seizure of blood stained earth, blood stained Dhoti having red border, seized by the police from the house of the appellant. PW 2 Shim Singh Ganjhu, was declared hostile though according to the prosecution he was one of the persons, who arrived on hulla of the informant and thereafter, chased the appellant. PW 3 Ghuran Singh Ganjhu is also a hearsay witness as well as the witness on inquest report. PW 4 Lobin Singh Ganjhu is the informant of this case and he is not an eye -witness to the incident of assault. He proved his fardbeyan (Ext. 2/5). PW 5 is Shanku Singh Ganjhu, who according to the prosecution had chased the appellant on hulla, raised by the informant and his wife. PW6 Lakhi Mani Devi is the mother of the deceased Sahchari Kumari. PW 7 Kapildeo Singh Ganjhu is a witness, who was named in the FIR and who had reached at the place of occurrence on hearing hulla and he had also chased the accused. PW 8 Capt. Niranjan Minz is the Medical Officer, who held the Post Mortem examination on the dead body of the deceased. PW 9 Loha Singh Ganjhu has been declared hostile whereas PW 10 Nilmohan Singh was ended and PW 11 is a formal witness.;