Ratnaker Bhengra, J. - (1.) The present appeal is directed against the judgment of conviction dated 18.03.2008 and the order of sentence dated 19.03.2008 passed by the learned Sessions Judge, West Singhbhum, Chaibasa, in Sessions Trial No. 156 of 2007, whereby the appellant was convicted for the offence under section 302 of the India Penal Code and was sentenced to undergo R.I. for life and a fine of Rs. 15000/-.
(2.) The prosecution case is that the informant Tura Tiriya P.W. 7 gave his fardbeyan which was recorded by Officer-in-Charge of Jagannathpur Police Station wherein he stated therein that his father Rolang Tiriya, aged about 45 years, was a daily wage earner and his uncle Shankar Tiriya was also working as a labourer. Since the last two months his uncle Shankar Tiriya was mentally disturbed and he was voicing about killing and assaulting. On 17.03.2007, in the morning his father was sleeping and he was sitting outside the house on a cot. At that time his uncle Shankar Tiriya came there with a 'basula' and assaulted his father on the neck. He and his aunty Suryamani P.W. 6 tried preventing him, but repeated blow was given by Shankar Tiriya on the neck of his father, his father died. Thereafter his uncle fled away towards forest.
(3.) On the basis of the fardbeyan a case under section 302 of the Indian Penal Code was registered vide Jagannathpur P.S. Case No. 07 of 2007 corresponding to G.R. Case No. 146 of 2007. After investigation police submitted charge sheet. Learned Chief Judicial Magistrate took cognizance against the accused and this case was committed to the court of sessions. After commitment charge against the accused was framed under section 302 I.P.C. Trial was held and he was convicted and sentenced as aforesaid, hence this appeal.;