- (1.) THIS criminal appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 10th March, 1999 passed by learned 1st Additional Judicial Commissioner, Khunti in S.T. No. 346 of 1997, whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) THE prosecution was launched on the basis of the fardbeyan of the inforrnant -Shankri Topno (P. W. 1) dated 20th September, 1996. Briefly stated, prosecution case, in short, is that on 20th September, 1996, in the evening at about 6.00 p.m., the informant's mother had gone to her uncle's house. She returned from the uncle's house at about 6.30 p.m. The informant's mother went out for urination. There was moonlight and a light was also burning. The informant and her sister - Faguni Topno were standing at the door and her mother sat for urination nearby. In the meanwhile, Samuel Munda, the appellant, came rushing and gave repeated axe blows on her mother. The informant's mother fell down and succumbed to injuries. When the informant raised alarm, the appellant fled away with axe. On alarm, Mangal Topno (P.W. 5) and Eman Mahto (P.W. 3) had also assembled. There were grievous injuries on the right eye and jaw of the deceased. She was, thereafter, brought inside the house where she died. The motive of the occurrence as alleged is that a month ago Bimal Munda, son of Samuel Munda (appellant) had died due to illness, but he had suspicion that the informant's mother practiced witchcraft and due to which his son died.
(3.) ON the basis of fardbeyan of the informant, police registered a case and on condlusion of investigation submitted charge -sheet under Section 302 of the Indian Penal Code.;