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 the appellant under section 302 of the Indian Penal Code and he has faced the trial in Sessions Trial No. 137 of 2009 on the charge of intentionally causing death of his mother.

2. The prosecution has examined nine witnesses during the trial to prove the charge under section 302 of the Indian Penal Code against the appellant - the informant is PW5. Dr. Santosh Kumar Srivastav who has conducted the post-mortem examination on 27.03.2009 has found four lacerated wounds over the forehead, scalp and cheek of Janki Devi. The learned Additional Sessions Judge-I, West Singhbhum at Chaibasa has held that PW5 and PW7 are the eyewitnesses and there is no doubt on the place of occurrence; evidence of the defence witnesses does not inspire confidence, and; ocular evidence is fully corroborated by medical evidence.

3. The learned trial Judge had dealt with the defence evidence in paragraph no. 25 of the judgment in the following manner:

"25. So far as evidence of D.W2 Dr. Savitri Rani is concerned, she has stated that deceased Janki Devi was brought at P.H.C. Chakradharpur and she was on duty as Emergency Doctor and she found injuries on the deceased and injured was referred to higher centre for treatment and son of deceased, namely, Narayan Sharma and daughter-in-law Savitri Sharma told that patient has sustained injuries by fall from roof Though, in cross-examination, this witness has stated that except this entry in emergency register there is no other entry that any relative of any patient told cause of injuries. So, this aspect also creates doubt on the evidence of D.W.2 Dr. Savitri Rani; because, it was not the routine matter rather exceptionally, it has been mentioned in Ext.B Emergency Register at Serial No. 300. Not only this, she has stated that Narayan Sharma and Savitri Sharma told her that patient sustained injuries by fall from roof Narayan Sharma who is also known as Suraj Kumar Sharma has been examined as P W 4 and Smt. Savitri Sharma has been examined as P.W8. Both these witnesses have deposed in their evidences that they are not the eye-witnesses of the occurrence. So, it is apparent that they are not competent to say that how deceased sustained injuries and their evidences are based on information given by P W5. Ganesh Sharma and P.W7 Smt. Rita Sharma, who were the eye-witnesses of the occurrence. Not only this, P.W4 Suraj Kumar Sharma @ Narayan Sharma and P.W8 Smt. Savitri Sharma have fully supported the occurrence in their evidences and have stated that it was told to them that accused Ramlal Sharma has assaulted deceased by hammer. No attention of these witnesses has been drawn by the defence that earlier before the Doctor at Government Hospital, Chakradharpura you had stated that deceased sustained injuries by fall from roof and in absence such a