JUDGMENT :

Heard Mr. Arun Kumar, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

2. This appeal is directed against the judgment of conviction dated 13.06.2016 and order of sentence dated 15.06.2016 passed by Sri Pradeep Kumar Srivastava, learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 192 of 2009, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 of the IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- and in default in payment of fine to further undergo R.I. for one year.

3. The fardbeyan of Singrai Bodra was recorded on 27.05.2009 to the effect that on 26.05.2009 his elder brother Fagu Bodra had gone to village Kerabir to watch Ashari Mela and Chhau dance and at 3:00 P.M, information was received that Fagu Bodra has been murdered. At this information, he left for village Kerabir alone and reached there at 5:00 P.M. On reaching village Kerabir he saw his brother lying on the ground at a distance of 100 yards from the house of the village Munda Chamu Sardar. His brother was found to be dead. He returned back home and on the next day he went to village Kerabir with his sister-in-law and 20-25 persons. The Police officials on getting such information had reached the place of occurrence at 1:00 P.M. It has been alleged that today i.e. on 27.05.2009 information was received from the village Munda and other villagers that Fagu Bodra has been murdered by Sukhu Sardar (appellant) and Kande Hembrom. It has been alleged that about one month back a quarrel had taken place between his deceased brother and the suspected persons. He does not know the reason for the quarrel.

Based on the aforesaid allegations Sonua P.S. Case No. 17/2009 was instituted against Sukhu Sardar and Kande Hembrom for the offence punishable u/s 302 of the I.P.C. On completion of investigation charge-sheet was submitted against both the accused persons and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 192 of 2009. Charge was framed against Sukhu Sardar for the offence punishable u/s 302 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. The trial against the accused Kande Hembrom was dropped since he had died.

4. The prosecution has examined as many as ten witnesses in support of its case.

5. P.W.1 (Chamu Singh Sardar) has deposed that he knew Fagu Bodra who was murdered about 1½ years back. Sukhu Sardar and Kande Hembrom had committed his murder with Lathi. He has stated that the incident had taken place during the Chhau dance organized at Kerabir village. He had also participated in the dance. The murder was committed by both the accused in a place adjoining the place where the Chhau dance was being performed. Both had confessed before the villagers and the Police of committing the murder of Fagu Bodra. None had disclosed the reason for the murder.

In cross-examination, he has deposed that several persons were dancing with him. Fagu was murdered just besides the place where they were dancing. There was a huge crowd present at the place of occurrence. On being questioned as to whether he could not see the assault due to the crowd he had answered in the affirmative.

6. P.W.2 (Singrai Bodra) has deposed that Fagu Bodra was his elder brother who had been murdered about 1½ years back at village Kerabir. The murder was informed by the village Chaukidar and the Munda. He had gone to see the dead body at Kerabir village along with other villagers. The Munda of Kerabir village had disclosed that the murder was committed by Sukhu Sardar and Kande Hembrom.

In cross-examination, he has deposed that Kerabir village is at a distance of 4 kilometer from his village. He has admitted that he had not witnessed the occurrence.

7. P.W.3 (Shyam Bodra) has stated that the incident is of 25.05.2009 and it was