JUDGMENT

Shivaraj V. Patil, J.-This appeal is by the sole accused who was convicted for offence under Section 302 IPC and sentenced to rigorous imprisonment for life by the Sessions Judge. The High Court of Patna dismissed the Criminal Appeal No. 239/87(R) by the order dated 15.9.1988 confirming the order of conviction. Hence this appeal by special leave.

2. In short, the prosecution case is that on 14.8.1983 at about 6 A.M. in the morning Savitri Devi, wife of the informant Thakuri Pandit (PW 9) had gone to ease herself towards north of her house. In the meantime, the accused Karu Marik being armed with chhura went there and assaulted with chhura on her chest. She began crying and wanted to run away but the accused caught hold of her hairs, threw her on the ground and started giving chhura blows on her abdomen and back. On raising alarm, her husband (PW 9) and Sita Dhobin (PW 2), Mukesh (PW 1) and others came there. Seeing them, the accused fled away. PW 9 found his wife in a pool of blood lying unconscious. He took her to Sadar Hospital, Giridih, and admitted her. Enmity between the accused and PW 9 was said to be the motive. Furdi bayan of PW 9 was recorded in the hospital by S.I.