Dharnidhar Jha and Rakesh Kumar JJ.

1. The solitary appellant Laldeo Bhuian stands convicted under Section 302 of the Indian Penal Code for committing the murder of Sahendra Bhuian alias Satyendra Bhuian on 28.3.1999 at village Parsachua within Roshanaganj Police Station in the District of Gaya. The appellant was tried by the learned Additional Sessions Judge, 8th Court, Gaya in Sessions Trial No.8 of 2000/139 of 2000 arising out of Roshanganj Police Station Case No.15 of 1999 (G.R. No.176 of 1999) and by the judgment of conviction dated 10.12.2002 the above order of conviction was recorded by the learned Judge. The sentence of rigorous imprisonment for life was inflicted by the learned Trial Judge on 12.12.2002 after hearing the appellant on sentence. The appellant questions the propriety of the findings through the present appeal.

2. The prosecution case is contained in Ext.1, the F.I.R. of the case, lodged by Mahendra Bhuian (P.W. 9), the full brother of the deceased. It was stated by the informant in Ext. 1 that he had just left his house with Rahar (Arhar) for Roshan Bazar so as to bartering it to meet his daily expenses and he had traveled a few steps away from his house when he heard a hulla that his brother had been hacked to death by a tangi by being assaulted on the back of his neck by the appellant. He also heard that the appellant was running away from the scene of occurrence.

3. P.W. 9, the informant, also rushed to the scene of occurrence which was just by the side of the house of one Laldeo Bhuian (P.W. 2) and found that his villagers Amresh Bhuian (P.W.7) and Krisna Bhuian (not examined) were running after the appellant and had caught him also. The informant went near his brother and found that he had been attacked on his neck as also on his right temple by a tangi. The informant stated that while his brother was being carried to the hospital by P.W. 8 Chandradeo Bhuian, Amresh Bhuian, P.W.7 and Rameshwar Bhuian (not examined), he started to the Police Station for lodging a report, but his brother died on way to the hospital.

4. The informant alleged that the reason for commission of the murder of his brother was that the appellant was accusing the deceased of carrying on an illicit relationship with the wife of the appellant which allegation was unfounded.

5. The informant alleged that the occurrence took place just under the Goldmohar tree which was situated by the side of the house of Laldeo Bhuian (P.W. 2) where some boys were engaged in some play and, further, that the appellant Laldeo Bhuian was brought to the Police Station with the help of Chaukidar and Dafadar after being arrested by the villagers and was handed over to it.

6. The accused was taken into custody by the Officer-in-charge of the Police Station who recorded the F.I.R., Ext.1, and it appears that the Officer-in-Charge S.I. Subedar Prasad himself took up the investigation.

7. P.W. 5, S.I.Subedar Prasad after recording the statement of the informant and drawing up the F.I.R., came to the place of occurrence on 29.3.1999, i.e., on the next day of the occurrence, and, firstly, inspected the place of occurrence which was situated 7-8 feet north of the house of P.W. 2 Laldeo Bhuian. It was a place under the Goldmohar tree. A pathway was running east to west and up to the forest in the west and the same was going to the village in the east. The Investigating Officer found many houses standing around the place of occurrence as per his evidence and the boys were playing at the same place under the tree. P.W.5 found blood stained earth and seized it in presence of P.W. 2 Laldeo Bhuian and Munarik Bhuian (not exam- ined) by preparing a seizure memo and obtain- ing the signatures of the two witnesses. The seizure memo has been marked Ext.2. The Investigating Officer has stated that he also recovered a blood stained fang/from the house of the father-in-law of the appellant in presence of the above named two witnesses and prepared a seizure memo