JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal has been preferred under Section 374(2) of the Code of Criminal Procedure against the Judgment of conviction dated 30.05.2017 and Order of sentence dated 03.06.2017, passed by the District & Additional Sessions Judge-I, Khunti, in Sessions Trial Case No.466 of 2009, whereby, the appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code.

2. The prosecution case is based on the fardbeyan of Chaukidar, Muni Mirdha recorded on 16.12.2008 at about 11:45 hours before Officer-in-Charge, Arki Police Station that on 16.12.2008 the informant, in course of serving notices, went to village Rumchu, then the villagers told him that due to previous enmity Etwa Munda S/o Sukhram Munda, resident of village Rumchu Tola Rugaddih,, P.S. Arki, District Khunti had mercilessly killed Dulari Devi W/o Late Lalsoy Munda, her daughter-in-law Powline Nag and her one year old daughter at about 4:00 PM in the evening of 15.12.2008 by a sharp cutting weapon and had fled away. On such information, the informant went to the place of occurrence and had seen that many persons were present there and dead bodies of aforesaid three persons were lying there which sustained injuries of sharp cutting weapon.

2.1 It has been stated that as per villagers, elder son of deceased (Dulari Devi) namely Mani Ram Munda is out of State whereas her younger son, who lives with deceased, has fled away due to fear of accused Etwa Munda, and no other person is present in her house.

3.1 It has further been stated that the reason behind the occurrence, as per villagers, is that nearly one and half months back a goat of Dulari Devi has grazed Maduwa crop of accused and due to that there was enmity between both the families and for such enmity Etwa Munda had committed the murder through the sharp cutting weapon.

3.2 On the basis of the aforesaid fardbeyan Arki P.S. Case No. 39/08 dated 16.12.2008 U/S 302 I.P.C. against the accused Etwa Munda was registered.

3.3 After completion of investigation, the Investigating Officer has submitted chargesheet on 31.01.2009 for the offence U/s 302 I.P.C. against the accused Etwa Munda in the Court of A.C.J.M. Khunti who after taking cognizance for the offence U/S 302 I.P.C. has committed the case to the court of sessions.

4. After commitment of the case to the Court of Session, charge was framed against the accused for the offence under Section 302 of the Indian Penal Code, and upon the accused’s pleading not guilty and claiming to be tried, he was put to trial.

5. In course of trial, 09 witnesses were examined by the prosecution, including the Doctor, who has proved the post-mortem reports of all the three deceased.

6. The statements of the accused was recorded under Section 313 of the Cr.P.C., wherein he has denied the evidence against him. No evidence was adduced by the defence.

7. Ms. Anjana Kumari, learned counsel for the appellant, has submitted that the learned trial court has not considered the infirmities in the testimony of the witnesses. It has been submitted by referring to the testimony of PW-5 that it would be evident by going through the testimony of PW-5, the same cannot be said to be acceptable, because in paragraph-8 of his cross-examination wherein he has deposed that after seeing the dead bodies, he fled away from the village and thereafter 15 – 20 days he remained in the maternal uncle’s house. He returned from his maternal uncle’s house after 15 – 20 days but in the meanwhile the villagers had already cremated the dead bodies.

7.1 Learned counsel for the appellant has submitted that the aforesaid conduct of PW-5 cannot be said to be natural since he happens to be the son of one of the deceased namely, Dulari Devi, and being son, the natural behavior of PW-5 would have to re