JUDGMENT :

SUJIT NARAYAN PRASAD, J.

The instant appeal has been filed under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 25th March, 1994, passed by learned Additional Sessions Judge, Simdega, in Sessions Trial No. 26 of 1993, by which the appellant was found guilty and convicted for the offence punishable under Section 302 of the Penal Code, 1860 and was sentenced to undergo imprisonment for life for the offence punishable under Section 302 of the Penal Code, 1860.

2. As per fardbeyan of the informant, recorded on 15.08.1992 at 10.00 a.m. (day) before the Bara Babu (Head Clerk) of Bolwa Police Station, the prosecution case in brief, is that:

In the night of 14.08.1992 at about 10.00-11.00 p.m. the informant-Fulkeria Kullu was talking with her husband-Tanis Dungdung (deceased) (35-36 years) in their house. In the meantime, their niece son - Michael Dungdung (accused) (27 years) was quarreling with his wife-Magdhali Kerketta in their house. Whereupon, her niece Bahuria (daughter-in-law)-Magdhali Kerketta and their niece boy-Michael Dungdung, stating Kaka-Kaka (uncle) to Tanis Dungdung (deceased) and when her husband intend to come out of the house, her niece - Michael Dungdung (accused) having Daw in his hand came to verandah of their house and took away her husband to a distance of about 10-12 Yard towards east and repeatedly started assaulting over his neck, face and both sides of temples. Her husband fallen on the earth. Even on falling down on earth, her niece repeatedly continued to assault on body of her husband. Seeing this incidence, the informant reached to her husband, but till then he had died. Her niece fled away to his house with the said Daw (weapon). On alarm being raised by the informant, no one had come. It is further stated that besides her house, no other house is available except the house of accused-Michael Dungdung.

3. It has further been stated by the informant that her son-Khamanus (9 years) and daughter-Jyoti Dungdung (6 years) was sleeping and further his sons Jamesh Dungdung (18 years) had gone to Letabera to the house of Nandu Pradhan and after taking meal he stayed there. The informant, after waking up her son-Khamanus (9 years) and daughter-Jyoti Dungdung (6) to take care of her deceased-husband, went to inform his son Jamesh Dungdung and Navin Kishore Dungdung (15 years) to Latebera as also to inform the Chowkidar-Biramjeet Pradhan. Chowkidar was not in his house. The informant has further stated that after narrating the story to the son of the Chowkidar she had stated about the incidence to her sons and returned to her house. When Chowkidar did not turn up till morning, she sent her son-Navin Kishore Dungdung to the house of Chowkidar and sat there waiting for Chowkidar. On next day at 8.00 a.m Chowkidar came and told that accused-Michael Dungdung, has been caught and has been kept in the vigilance in Letabara.

4. She has further deposed that the weapon with which the accused Michael Dungdung has killed her husband that has been kept on the wall of the accused house, which has also been seen by Chowkidar.

5. She has further stated that her mother-in-law had died last Paraka Festival. Before her death, the land of her mother-in-law's) share has been used by her niece-Michael Dungdung (accused) but after her death, the land was shared between her husband and her niece due to which her niece (accused) was unhappy with her husband and because of this reason, the accused-Michael Dungdung has murdered her husband.

6. On the basis of fardbeyan of informant-Fulkeria Kullu (P.W. 1), recorded by Officer-in-Charge of Bolwa Police Station, a formal F.I.R. being Bolwa P.S. Case No. 13 of 1992 was registered against the accused under Section 302 of the Penal Code, 1860.

7. After investigation, the police submitted the charge-sheet under Sections 302 of the Penal Code, 1860 against the accused person. Accordingly cognizance of the offence was taken by l