JUDGMENT :

Heard Mr. Jai Shankar Tripathi, learned counsel appearing for the appellant and Mr. Bhola Nath Ojha, learned A.P.P.

2. This appeal is directed against the judgment of conviction and order of sentence dated 12.09.2018 passed by Sri Dhananjay Kumar, learned Additional Sessions Judge-III, Seraikella in connection with S.T. No. 77 of 2011, arising out of Adityapur (R.I.T) P.S. Case No.283 of 2010, corresponding to G.R. No. 796 of 2010, whereby and wherein, the learned Additional Sessions Judge-III held the appellant, Pankaj Sahu, guilty of the offence under Section 302 of the Indian Penal Code and thereby, sentenced him to undergo rigorous imprisonment for life alongwith a fine of Rs.20,000/- and in default thereof, to undergo rigorous imprisonment for the period of six months for the offence under section 302 of Indian penal Code. Learned Court below further sentenced the appellant to undergo rigorous imprisonment for the period of seven years with a fine of Rs.20,000/- and in default thereof, to undergo rigorous imprisonment for the period of six months for the offence under Section 201 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 02.10.2010 at about 1:00 P.M, the appellant, Pankaj Sahu confessed before the informant Ram Briksha Singh that he has murdered his mother and has buried her outside his house. Ram Briksha Singh, who is the brother-in law of the appellant reported the matter to the police. It is further case of the prosecution that on pointing out of the appellant, the dead body of the deceased, Sneh Lata was recovered. One Katari and Axe said to be the murder weapons were recovered from his house.

4. After investigation, police found the occurrence to be true and submitted charge-sheet against the appellant under sections 302/201 of the Indian Penal Code.

5. Cognizance of the case was taken by learned Chief Judicial Magistrate, Seraikella on 04.01.2011, under sections 302/201 of indian penal Code.

6. This case was committed to the Court of Sessions by the learned Chief Judicial Magistrate, Seraikella, as it was exclusively triable by the learned Sessions Court.

7. Charge was framed against the appellant under Sections 302 and 201 of the Indian Penal Code on 11.08.2011. The same was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

8. In order to prove its case, the prosecution has adduced both oral and documentary evidence.

Ram Briksha Singh P.W.1 and Lalita Devi P.W.5 are the witnesses before whom the appellant has confessed his guilt. Ram Briksha Singh, P.W.1 is the informant of this case. Lalita Devi, P.W.5 is sister of the appellant. Both have stated that on 2/10/2010 at about 3 P.M., appellant had come to their house and confessed that he had murdered his mother. Appellant told them that his mother used to nag him for sitting idle and doing nothing, as such, he has killed her. He tried to escape from there. He was apprehended and handed over to the police. He confessed before the police that he has buried his mother in the courtyard of his house situated near Banta Nagar water tank.

Ram Briksha Singh P.W.1 has proved his signature on his fardbeyan, which is Exhibit -1. In his cross-examination, he has stated that he is not an eyewitness of the occurrence.

Lalita Devi, P.W.5 in her cross-examination has stated that the appellant was 13/14 years younger to him. Her mother was aged between 60/65 years. She has denied the suggestion that she has falsely implicated the appellant in this case.

Ramanuj Singh P.W.2, Arvind Kumar Singh P.W.3, Ramashish Singh P.W.4, and Pappu Kumar Singh P.W.6 have stated that on 02.10.2010, at about 5 P.M., on seeing a crowd outside the house of the appellant, they went there. Appellant was present there in police custody. On the pointing out by the appellant, the police exhumed the dead body of his mother which was buried in the courtyard of his house. They have further stated that on further search, police recovered