JUDGMENT

B. B. Mangalmurti, J. - This appeal is directed against the judgment of conviction dated 7th November, 2006 and order of sentence dated 8th November, 2006 passed by Mohammed Kasim, Additional Sessions Judge, Fast Track Court-II, Seraikella-Kharsawan in Sessions Trial No.90 of 2004 holding the accused guilty under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life as also fine of Rs. 2000/-. In default of payment of fine, he will further undergo simple imprisonment for two months with set off clause for the period already undergone during trial.

2. The case of prosecution, in nutshell, is that the S.I., Madan Mohan Singh, Officer-in-Charge, Chandil P.S. recorded the fardbeyan of the Informant Boby Mahali,wife of Nimai Mahali on 30.05.2004 at about 16.00 hours stating therein that on 30.05.2004 at about 12.00 noon the informant was cutting wood for cooking purpose with an axe in front of her Indira Awas House. Her Bhaisur Ram Das Mahali was talking with co-villager Jubail Sawayan under the Imli tree at a distance of about 30 feet from the informant. Informant felt thirst and went inside the house to drink water leaving her axe outside the