ANIL KUMAR UPADHYAY, J.:–This jail appeal has been filed on behalf of the sole appellant by the Patna High Court Legal Services Committee and vide order dated 21.6.2013 Shri Rabi Bhushan Prasad, Advocate was directed to appear as counsel in this case.

2. The sole appellant has filed the instant appeal against the judgment of conviction dated 25th March, 2010 and order of sentence dated 29th March, 2010 passed by Additional Sessions Judge, Fast Track Court No. V, Araria in Sessions Trial No. 184 of 2008/ 64 of 2009 arising out of Araria (Tarabari P.S. Case No. 195 of 2006, whereby the learned Additional Sessions Judge, Fast Track Court convicted the appellant for an offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 5,000/- and in default of payment further imprisonment for five months.

3. The prosecution case, in short, is that on 1.5.2006 at about 6.00 P.M. the informant gave fardbeyan before the Sub-Inspector of Police, Tarabari Police Station that at about 4.30 P.M. while he was cutting earth in his field with his mother, Sajiya Devi, daughter Ranjana Kumari, wife Manjula Devi and sister Madhwi Devi, suddenly his brother-in-law Dayanand Mandal (appellant herein) reached there and took away the spade from the field and gave spade blow on the head of his sister and thereafter fled away from the spot after throwing the spade. He has explained in the fardbeyan the reason for the incident that his sister couple days earlier came to his house from her sasural against the wish of the appellant. Earlier also the appellant used to assault his sister and there was some Panchayati held in the village and approximately two months back his brother-in-law (the appellant) has alienated five Kathas of land which was objected by his sister and as such he claimed that the appellant has committed murder of his sister. On the basis of the aforesaid fardbeyan Araria (Tarabari) P.S. Case No. 195 of 2006 was registered under Section 302 of the Indian Penal Code and the police after investigation submitted charge sheet and thereafter cognizance was taken on 11.8.2006 and on 22.8.2008 the case was committed to the Court of Sessions.

4. The appellant pleaded total innocence and claimed to be falsely roped in the instant case.

5. On behalf of the prosecution 8 witnesses have been examined. P.W. 1 is the informant of the case, P.W. 2 is the wife of the informant. P.Ws. 3 to 5 are witnesses who reached the place of occurrence after the incident, P.W. 6 is the Doctor who conducted the post mortem of the deceased, P.Ws. 7 and 8 are the Investigation Officers of the case.

6. P.W. 1 in his deposition has stated the manner of occurrence as stated in the fardbeyan. There was reference in the Fardbeyan that accused Dayanand Mandal took spade from the field and assaulted Madhvi Devi whereas in his deposition he has stated that while he along with his family were digging the field and his sister, namely, Madhvi Devi was sitting, the appellant came and took away the spade from the hand of the son of the informant, Upendra and gave spade blow on the head of Madhvi Devi as a result of which her skull was broken and she died on the spot. P.W.2 Manjula Devi, wife of the informant, Manjula Devi has supported the case of prosecution stating that Madhvi Devi is her sister-in-law. She came from her Sasural on account of some dispute with her husband and while they were cutting soil in the field, the husband of her sister-in-law, the appellant suddenly appeared at the spot, took away the spade from her son and gave spade blow on the head of Madhvi Devi as a result of which she fell down and died at the spot. P.W.3 Balbodh Mandal has deposed that on hulla he went near the bamboo clumps and saw accused Dayanand Mandal fleeing away and his wife Madhvi Devi was lying dead there. P.W. 4 Kripanand Mandal in his statement stated that he has put his LTI on the inquest report prepared by the police. In his cros

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