Amitav K. Gupta, J.

This instant appeal is directed against the judgment of conviction and order of sentence dated 10.10.2002 passed by the District & Sessions Judge, Lohardaga in Sessions Trial No.675/1997 whereby and whereunder the appellant was convicted for the offence under Section 302 read with Section 149 of the Indian Penal Code (I.P.C in short) and sentenced to undergo rigorous imprisonment for life and also directed to pay a fine of Rs.1,000/-.

2. The prosecution story as narrated in the fardbeyan of the informant, Bhairo Bara (P.W.-13), is that Mangal Panna (deceased), Anup Panna, Halan Panna(P.W.-1) along with family members had come to attend the Chengai Sabha held on 3.6.1997 between 6p.m. to 8 p.m. After the conclusion of the Sabha the informant Bhairo Bara (P.W.-13), Mangal Panna (deceased), Anup Panna and Vincent Kujur(P.W.-7) were sleeping on the outer veranda of the house and Peter Kumar(P.W.-12), Father Korlenius, James, informant's wife Mangri Bara, informant's dauther-in-law Pachola Bara (P.W.-2), Satin Toppo (P.W.-8), Junga Kujur, Sushila Panna (P.W.-5) wife of late Mangal Panna (deceased) were sleeping inside the house. It is alleged that at mid night i.e. 12 O'clock, Thakur Oraon armed with tangi, Dharu Oraon, Basua Oraon, Tiwari Oraon, Choteya Oraon, Birsu Oraon & Tripurari Sao, all armed with lathi along with a mob of 150-200 persons variously armed with lathi, Danda and tangi came there shouting slogans. It is stated that Thakur Oraon levelled allegations against, Mangal Panna that he was the propagator of Christianity and assaulted Mangal Panna with tangi on his head, due to which Mangal Panna fell down and other members of the crowd assaulted Mangal Panna with lathi. That Thakur Oraon assaulted him (the informant) with tangi on the head and threatened to kill him; that Dharu Oraon assaulted on his back with lathi and other persons assaulted Vincent Kujur (P.W.-7) and Anup Panna. It is stated that the informant fainted due to the assault and when he regained consciousness he saw Vincent Kujur, Anup Panna and Mangal Panna seriously injured and Mangal Panna lying in an unconscious state. That Mangal Panna was brought inside the house where he died in the morning; that Anup Panna and others left for Lohardaga in the night itself for treatment.

3. On the basis of the said fardbeyan Kisko P.S. 29/1997 dated 5.6.1997 was registered. Investigation was taken by S.I. Sri. Satanand Singh. In course of investigation the inquest report (Ext.-5) was prepared. The dead body of Mangal Panna was sent for postmortem and the statement of witnesses were recorded whereafter charge-sheet was submitted under Sections 148, 149, 324, 307 and 302 of the Indian Penal Code (for short IPC) accordingly cognizance was taken and the case committed to the Court of Sessions for trial.

Charges were framed against seven accused persons to which they pleaded not guilty and claimed to be tried.

4. The prosecution examined altogether 15 witnesses, namely, Halan Panna (P.W.-1), Pachola Bara (P.W.-2), Jasmain Kujur (P.W.-3), Sarita Toppo (P.W.-4), Sushila Panna (P.W.-5), Abha Kujur (P.W.-6), Vincent Kujur (P.W.-7), Satin Toppo (P.W.-8), Baleshwar Kujur (P.W.-9), Missi Toppo (P.W.-10), Bela Kachchap (P.W.-11), Paster Peter Kumar (P.W.-12), Bhairo Bara (P.W.-13), Dr. B.K.Pandey (P.W.-14), Satanand Singh (P.W.-15).

On closure of prosecution evidence, statement under Section 313 of Cr.P.C. of the accused-persons was recorded and the defence is of complete denial. On the basis of the evidence on record the Sessions Judge, Lohardaga acquitted six of the seven accused and convicted the appellant, Thakur Oraon by the aforesaid impugned judgment and order.

5. Learned counsel for the appellant has assailed the impugned judgment inter-alia on the ground that the trial Court failed to appreciate that the prosecution could not prove the mens rea as well as motive of the murder; that this is a case of culpable homicide due to a single blow and eve