JUDGMENT :

Shree Chandrashekhar J.

1. Chakradharpur P.S. Case No. 35 of 2009 was lodged against Ramlal Sharma on 26.03.3009 on the allegation that he has committed murder of Janki Devi, his mother. In his fardbeyan which was recorded at 08:00 PM on 26.03.3009, Ganesh Sharma who is grandson of the deceased has stated that Ramlal Sharma who was quarreling with his mother for a share in his house property has assaulted her with hammer. At about 04:30 PM, he was sitting at the top floor of his house while Rita Sharma, his aunt, was in her room. He heard cries of his grandmother, so immediately came down and saw that his uncle was assaulting his grandmother with a hammer. He called his aunt and tried to get hold of the hammer and apprehend his uncle. He chased him to some distance however his uncle escaped and then he came back home where he found his grandmother writhing in pain, lot of blood was oozing from her head. With the help of the neighbours he took her to Government Hospital where she was administered First Aid and referred to Railway Hospital. Janki Devi died the same day in course of her treatment at Railway Hospital: After the investigation a charge-sheet was filed against th