1. Heard Mr. D.C. Mishra, learned amicus curiae appointed by this Court for the appellant, and the learned counsel for the State.

2. This is a Jail Appeal filed by the appellant, being aggrieved by the Judgment of conviction dated 30th August, 2004 and Order of sentence dated 31st August, 2004, passed by the learned Additional Sessions Judge, F.T.C.-I, Gumla, in Session Trial No.106 of 2004, whereby the sole appellant has been found guilty and convicted for the offences under Sections 302 and 324 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and rigorous imprisonment for 3 years for offence under Section 324 of the Indian Penal Code. The appellant has also been sentenced to fine of Rs.10,000/-. All the sentences were directed to run concurrently.

3. This case relates to murder of a girl child aged about 2 years, and the prosecution case was instituted on the basis of the fardbeyan of Michel Ekka, the father of the deceased girl, recorded on 31.12.2003 at his village Konkel, P.S. Chainpur, District Gumla. The informant had stated that he had gone for some urgent work to Premnagar in the morning and when he was returning, at about 11.00 A.M., he saw that his mother, Balmadina Ekka, was being taken to the hospital by the villagers as she was injured. Upon enquiry, he was informed that accused Patrik Bara had assaulted his daughter Reema Ekka, aged about 2 years, by axe, causing injuries and when his mother had gone to save her, she was also assaulted on her head by axe. His daughter had died at the spot and the mother was being taken by the villagers to Chainpur Hospital. He has stated that Patrik Bara was apprehended by the villagers with the axe used in the offence, which was produced before the police. He has stated that he had no enmity with Patrik Bara. On the basis of the fardbeyan of Michel Ekka, Chainpur P.S. Case No.62 of 2003 corresponding to G.R. No.828 of 2003 was instituted for the offence under Sections 302, 307, 327, 324 of the Indian Penal Code, and the investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.

4. After commitment of the case to the Court of Session, charge was framed against the accused for the offences under Sections 302, 307 and 326 of the Indian Penal Code, and upon the accused's pleading not guilty and claiming to be tried, he was put to trial. In course of trial, 11 witnesses were examined on behalf of the prosecution.

5. P.W.-7 Balmadina Ekka is the mother of the informant, who was also injured in occurrence. This witness has stated that the occurrence had taken place on a Wednesday at about 10–11 A.M. She was near the house of a milkman and one another old lady was also there with her, whose name she was not recollecting. Children were playing nearby, and Reema was also playing there. In the meantime, Patrik came armed with an axe and pushed Reema, whereupon she fell down and he assaulted her by axe on her head. This witness started crying, whereupon Patrik also assaulted her on her head. She has stated that she was brought for treatment to Chainpur and from there she was taken to Ranchi for her treatment. She had no recollection as to how she was brought to Ranchi, as she was unconscious, but she has stated that Reema had died at the spot. She has identified the accused in the Court. In her cross-examination, she has stated that her statement was not recorded by the police and she has no knowledge as to why Patrik had assaulted them.

6. P.W.-1 is Justina Minz, who has stated that the occurrence had taken place on a Wednesday, which was the last day of the year. She and her sister, Balmadina were sitting and Reema aged about 2 years, was eating bread. Patrik came and he assaulted Reema by axe causing her death at the spot. She has stated that Balmadina tried to save her, who was also as