JUDGMENT :

ANANDA SEN, J.

1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 09th August 2016 passed by Sri Subhash, the learned Addl. Sessions Judge-V, Jamshedpur, in Session Trial No. 134 of 2014, arising out of Mango P.S. Case No. 557 of 2013, whereby and whereunder, the appellant has been punished to undergo rigorous imprisonment for life for committing the offence punishable under Section 302 IPC and further pay a fine of Rs.20,000/-. In default of payment of fine, the appellant is liable to undergo imprisonment for further period of six months.

2. The learned counsel for the sole appellant argued that as per the FIR, it is the nephew of the appellant, who rushed to the informant and informed that the appellant was assaulting the deceased, but surprisingly the said nephew was not examined as a witness. He further argued that the best witnesses, who, in fact, are two children of the deceased, who were present at the place of occurrence, were not examined as witnesses and withholding this material witnesses, according to him, is fatal for the prosecution, benefit of which should go the appellant. He also argued that no eye witness has