Chakradhari Sharan Singh, J. – Heard Mr. Manoj Kumar Panday, learned counsel for the appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

2. By the impugned judgment of conviction dated 3006.2015 and order of sentence dated 3.7.2015 passed by learned 1st Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 44 of 2013 arising out of Jagdishpur P.S. Case No. 196 of 2012 (G.R. No. 3373 of 2021), the appellant has been convicted and sentenced as under: –

3. A fardbeyan of the wife of the deceased, Sushila Devi (PW-2) recorded at Primary Health Center of Jagdishpur at 9:00 pm on 27.10.2012 by a Police Officer of Jagdishpur Police Station is the basis for registration of FIR. The present appellant is the own brother of the deceased. It emerges from the said fardbeyan that there was some dispute in relation to sharing the amount of old-age pension received by the mother of the deceased and the appellant. According to the fardbeyan, the appellant was an alcoholic. The fardbeyan further reveals that the deceased had three brothers; he himself, Nagina Chaudhary and the youngest, this appellant. Nagina Chaudhary was not living in the village for last two months as he had gone outside to earn livelihood. In the village, the deceased and this appellant were living separately from before. On the date of occurrence i.e. 27.10.2012, the appellant came to the house of the informant. He was severely drunk and entered into an altercation with the informant’s husband on the point of sharing the amount of the old-age pension of their mother. The appellant was not inclined to share any amount of pension with the deceased. This led to scuffle between them. The informant interceded and attempted to pacify the situation. In the meanwhile, the appellant, who was carrying a dagger in his hand assaulted the deceased with the dagger, in his abdominal area and rib-cage. During the course of the altercation when the informant attempted to pacify, she too was assaulted by the appellant with the dagger leading to injury in her right hand thumb. The deceased fell down on the road in front of the house and became unconscious. The deceased was, thereafter, taken to a hospital, where he was declared brought dead by the Doctor. The fardbeyan to the aforesaid effect gave rise to the concerned Jagdishpur P.S. Case No. 196 of 2012. The receipt of the information in the Police Station has been recorded as 20:15 and time of registration of FIR as 23:30. Postmortem examination was conducted by the Doctor on 28.1.2012 at 7:55 am when following antemortem injuries were found: –

“(1) Incise wound on left side of mid clavicular line at the level of the rib of the chest size 1½’’ X ½’’ X deep.

(2) incise wound on left side of lateral opposite thighs size ½’’ X ½’’

(3) incise wound on right side of anterior of chest at the level of 10th rib size ½’’X ½’’ X deep.

Internal Examination. – skull. Brain and meninges are pale and intact.

Thorax. – both lungs pale and intact.

Heart. – Left border of Heart lacerated and ruptured size 1 ½ X 1’’X deep into left side of cavity of heart.

Abdomen. – liver pale and intact. Both kidney pale and intact, spleen pale and intact. Stomach contain small amount of semi digestive food materials, urinary bladder contain 10 ml of urine.

Cause of death. – Due to Haemorrhage and shock. Leading to death cause by injury of vital organ like heart mention the above injury. Cause by sharp cutting weapon.”

4. The informant (PW-2) was examined by the Doctor on 27.10.2012 and found a lacerated wound on left hand thumb of the size 1’’ X 1/5’’, caused by a hard and blunt substance.

5. Upon completion of investigation, the police submitted its charge-sheet, wher