Kailash Prasad Deo, J. - (1.) Heard, learned counsel for the appellant, Mr. Abhishek Kumar Dubey and learned counsel for the State, Mr. Gouri Shankar Prasad, Additional Public Prosecutor.
(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 21.01.2010 and order of sentence dated 27.01.2010 passed by Additional District and Sessions Judge, Fast Track Court, Simdega in Sessions Trial No. 94 of 2006, whereby the appellant has been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded imprisonment for life with a fine of Rs. 20,000/- and in default in payment of fine to undergo simple imprisonment for further period of four months.
(3.) Prosecution case is based upon the written report submitted by Lalita Kindo (P.W.3) wife of the deceased before the Officer-in-charge, Simdega Police Station on 4.6.2006 alleging inter alia as follows: The informant has alleged that on 4.6.2006 at about 4 P.M. while she was returning with her husband, Suren Kindo (deceased) and son, Ajit Kindo from Biru bazar and as soon as they reached near Palamara river near bushes of Sindwar, the accused/appellant, Prabal Kindo, son of Suren Kindo, resident of Village-Kamtara, Deepa Toli came out with Tangi (axe) from the bushes. It is alleged that Prabal Kindo assaulted the Suren Kindo on his head by means of Tangi (axe) causing injury, due to which he fell down on the ground thereafter the informant and her son, Ajit Kindo aged about 8 years fled away under fear towards the village. In the village they informed the co-villagers that Prabal Kindo has assaulted his father, Suren Kindo, who has fallen on the ground. It is further alleged that the informant along with village Chaukidar went to the place of occurrence and saw the dead body of Suren Kindo having injuries on the head and face, completely crushed. The informant has alleged that occurrence took place as Prabal Kindo used to come to their house with Tangi and was giving threatening to go out of the village as there is some land dispute between them and as such Prabal Kindo has killed his father Suren Kindo by means of Tangi.;