Heard learned counsel for the appellant Mr. Ashok Kumar Pandey as well as learned counsel for the State Mrs. Laxmi Murmu, Additional Public Prosecutor.

2. The instant Criminal Appeal has been preferred against the judgment of conviction dated 02.12.2003 and order of sentence dated 05.12.2003 passed by the learned Additional Judicial Commissioner-II, Khunti, in Sessions Trial No. 164 of 2001 arising out of Tamar P.S. Case No. 67 of 2000 dated 30.07.2000 consequent G.R. No. 400/2000 whereby the sole appellant has been convicted by the learned Trial Court under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

3. The prosecution case is based upon the fardbeyan of Jhalo Devi wife of late Dhananjay Swansi recorded by S.I. Shamim Ahmed Khan, Officer-in-Charge, Tamar on 30.07.2000 in the village at about 12.00 hours at Basukande where the informant has alleged that Madhusudhan Swansi (appellant) and her husband Dhananjay Swansi were good friends since long. Yesterday (Saturday) 29.07.2000 at around 5.00 P.M. her husband along with co-villager Budhan Lala Machhua went to search the labourers for sowing crop and did not returned. At around 8.00 P.M in the night, the elder brother of her husband, Sukhdeo Swansi came to her house and disclosed that Madhushudan has killed her husband and the dead body is lying near the mill. Informant went near the mill of Madhusudan and saw the dead body of her husband, which was lying on the ground. In the meantime other villagers reached there. A co-villager boy, Rajmohan Singh Munda whose house is adjacent to the mill has disclosed her and others, that Dhananjay Swansi and his friend Madhusudan Swansi were taking liquor and were singing song. On hearing song, Rajmohan Singh Munda and other children came there. In the meantime, husband of the informant started going towards his house. When Madhushudhan tried to stop him, her husband refused to stop and thereafter Madhusudhan brought a pipe from the mill and assaulted on the head of her husband due to which husband of the informant, sustained injury on the head and fell down and died at the spot.

4. On the basis of fardbeyan police registered Tamar P.S. Case No. 67/2000 dated 30.07.2000 and after investigation submitted chargesheet vide Chargesheet no. 66 dated 23.10.2000 under Section 302 of the Indian Penal Code. The cognizance of the offence has been taken and the case has been committed to the court of Sessions. Learned Trial Court framed the charge under Section 302 of the Indian Penal Code on 09.08.2001. The appellant has pleaded his innocence and thus appellant has been put for trial.

5. That the prosecution has examined altogether nine witnesses and also adduced documentary evidence. Post-mortem report as Exhibit-1, signature of Ram Prasad Swansi on the carbon copy of the inquest report as Exhibit 2, signature of Sainath Singh Munda on the carbon copy of the inquest report as Exhibit 2/1, signature of Ram Prasad Swansi on the seizure list as Exhibit 3 and the signature of Sainath Singh Munda on the seizure list as Exhibit 3/1.

6. Dr. Ram Sevak Sahu has been examined as P.W. 1. This witness has stated that on 31.07.2000, while he was posted as a Medical Officer, Department of Forensic Medicine, R.M.C.H, Ranchi, has conducted a post-mortem examination of the dead body of Dhananjay Swansi identified by the chowkidar Duryodhan Munda and found following injuries:-

“Lacerated wound 6 cm x 2 cm x Bone deep on the frontal region of head situated antropostrioly in the mid line with contusion underline scalp and mosaic fracture of frontal bone. There is contusion of brain and presence of subdural blood and blood over both sides of brain.

On Internal Examination.

There was fracture of sternum and left 4 to 7 rib and right 3rd to 5th rib. There was no evidence of infiltration of blood and blood clot at the site of fracture.”

7. All the injuries were ante mortem in nature caused by hard and blunt substance such