CHAKRADHARI SHARAN SINGH, J.:–Heard Mr. N.A. Shamsi, learned counsel for the appellant and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.

2. This is an appeal preferred by the sole appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. in short).

3. By the judgment and order under appeal dated 13.08.2018/18.08.2018 passed by Learned Sessions Judge, Madhubani in Sessions Trial No. 19 of 2015, the appellant has been convicted and sentenced as under:—

4. The informant (P.W.-7) and father of this appellant are full brothers. The wife of the informant is the deceased. The deceased was thus, the appellant’s aunt.

5. The prosecution’s case based on the fardbeyan of the informant (P.W.-7), is that at 12:30 p.m. on 12.01.2014 when he was performing Wazu to offer prayers (Namaz) in front of his doorway, his nephew (the appellant) came there and started abusing the deceased (Majuliya Khatoon) and thereafter he (the appellant) went back to his home. Majuliya Khatoon (the deceased) thereafter lied in a bed in the veranda of the house. In the meanwhile this appellant, armed with a khanti (crowbar) came and gave a khanti blow hitting the head of the deceased (Majuliya Khatoon), when she was sleeping. The deceased sustained head injuries. The informant thereafter raised alarm and rushed towards the deceased. The appellant fled away leaving the khanti used by him behind, after committing the offence. The co-villagers Md. Salim (not examined) and Md. Alauddin (P.W.-4) chased the appellant. The deceased (Majulia Khatoon) was thereafter taken to a nearby Khutauna Hospital in a Tata Magic vehicle. She was referred to Darbhanga Hospital but she was died on her way to the hospital. The dead body of the deceased was thereafter brought back to her house. The informant alleged in his fardbeyan that his brother Md. Gafoor Mansoori and wife of his brother (Nooria Khatoon) had conspired in killing of the deceased. The FIR (Exhibit-1) bears signatures of Md. Oli Hassan (P.W.-3), Md. Alauddin (P.W.-4) and Md. Tahir (P.W.-2).

6. The police, upon completion of investigation submitted charge-sheet against this appellant only, though his father Md. Gafoor Mansoori and his mother Nooria Khatoon were named in the FIR, for commission of offence punishable under Section 302 read with Section 120B of the Indian Penal Code, keeping the investigation pending against father and mother of the appellant. The case was subsequently committed to the Court of Sessions. The charges were framed for commission of offence punishable under Section 302 read with Section 120B of the IPC. After closure of the evidence of prosecution witnesses, the statement of the appellant was recorded under Section 313 of the Cr.P.C., in which he denied the accusation of commission of any offence by him.

7. At the trial the prosecution examined nine witnesses in support of its case. Md. Tahir (P.W.-2), who is one of the signatories of the fardbeyan, came to be declared hostile at the instance of the prosecution. He did not at all support the prosecution’s case. The informant has been examined as P.W.-7, the Investigating Officer as P.W.-8 and the Doctor who had conducted the postmortem examination of the deceased as P.W.- 9. The father of the appellant has been examined as a defence witness.

8. The trial court has noted in its impugned judgment that it is an admitted fact even by the defence that Majulia Khatoon, wife of the of the informant died of head injuries on 12.09.2014. The defence took a plea before the trial court that the deceased had sustained injuries in her head as she had accidentally fallen against a hand-pump's rod. The said case of the defence has, howe