By Court This appeal has been filed against the judgment of conviction and order of sentence dated 12.09.1995 passed by Additional Judicial Commissioner, Khunti in Sessions Trial No. 666 of 1993 convicting the appellant under Section 302 of I.P.C. and sentencing him to under R. I. for life.

2.The prosecution case in short is that on 02.07.1992 which was Rath Yatra day, one co-villager of the deceased named Guma (P.W. 2) returned along with his wife from Mela in the evening at about 8:00 P.M. and both starting quarreling on the issue of giving some sweets which they have bought from the Mela, to a girl who had looked after their cattle for the whole day. Guma became angry and chased his wife with Balua in his hand. Seeing quarrel Mohan Lohar (the deceased) intervened. Guma then sat near the door of his house and the appellant Shibu his relative, snatched the Balua from the hand of Guma and asked him as to whether he would cut Mohan Lohar who was intervening in the quarrel. Guma kept mum and did not reply. On this the appellant assaulted the deceased with Balua and injured him due to which he fell down and died.

3.The prosecution has examined about 14 witnesses and has pro