Bharat Bhushan, J.

1. Appellant Sukhdeo Gaud has filed this jail appeal against the judgment and order dated 26.2.2004 passed by the Additional Sessions Judge (FTC) Sonbhadra in Sessions Trial No.160 of 2002 (State Vs. Sukhdeo) arising out of Crime No.396 of 2002, Police Station (P.S.) Duddhi, District Sonbhadra whereby appellant was convicted under Section 304 Indian Penal Code (I.P.C.) and sentenced to life imprisonment and a fine of Rs.1000/- with default stipulation.

2. Prosecution story in brief is that on 07.10.2002 appellant Sukhdeo arrived at his residence in drunken state and questioned his 10 years old son Vinod (informant/P.W.1) about the whereabouts of his mother deceased Udasia. The informant Vinod (P.W. 1) informed the appellant that his mother had gone to sell wooden logs. As soon as deceased Udasia arrived at the residence around 8:30-9:00 pm, appellant Sukhdeo shouted at her and also started beating her with lathi (wooden stick). Udasia sustained several injuries on her person. Two other persons, namely, 10 years old Vinod (P.W.1) and his younger sister Maiya (P.W.2) were present. They raised alarm but nobody came to rescue her mother. Appellant Sukhdeo ran away from the house. Both children were frightened and did not venture out of the house in the night. On next day, some neighbours of the village approached them but by that time Udasia had died. A report was scribed by one Ram Sakal (not examined) on behalf of 10 years old Vinod (P.W.1). The report (Ext. Ka-1) was lodged at P.S. Duddhi on 8.10.2002 at 4 pm. A chik report (Ext. Ka-2) was carved out and relevant entries were made in General Diary (G.D.)extract of which is available on record as Ext. Ka-3.

3. P.W.4 Ajai Kumar Rai, Sub Inspector (S.I.) of P.S. Duddhi commenced the investigation. He got the inquest report (Ext. Ka-6) prepared by S.I. Om Prakash Singh (P.W.5). Site plan (Ext. Ka-4) was prepared by Investigating Officer (I.O.). The statements of witnesses were recorded. The corpse of deceased was sent for postmortem.

4. The blood stained lathi (wooden stick) was recovered in presence of Ranglal Gaud and Navratna from the residence of appellant (Fard Ext. Ka11). Blood stained earth and simple earth were also lifted by I.O. (Fard Ext. Ka-12). P.W. 6 Dr. U.P. Pandey conducted autopsy on 9.10.2002 on the cadaver of deceased and following injuries were found as per postmortem report (Ext. Ka-13):-

"1. Lacerated wound 3cmx 0.8cmx0.6cm over tempora occipital region head 8cm above right ear.

2. Lacerated wound right arm 1cmx1 cmx 5 cm above elbow lateral aspect.

3. Lacerated wound left elbow 4cmx2cmx1cm lower and humerus fractured.

4. Lacerated wound over leg anterior 2cmx3cmx15cm below knee joint right.

5. Lacerated wound 2.5cmx3cmx14cm below knee joint right blooded feet.

6. Contusion swelling back of chest right 8cmx2cm just below lower angle of scapula.

7. Contusion swelling 10cmx2cm on back of chest right 6cm below lower angle of scapula."

5. On 16.10.2002 appellant Sukhdeo was arrested and a charge sheet (Ext. Ka-5) under Section 304 IPC was submitted against the appellant. The then Sessions Judge, Sonbhadra framed charge against the appellant under Section 304 IPC on 21.12.2002. Appellant denied charge and claimed to be tried.

6. Prosecution adduced evidence of P.W.1, a ten years old Vinod Kumar (informant/eye witness), P.W. 2, eight years old Maiya, (eye witness), P.W. 3 constable Ashok Kumar Rai (recorded FIR), P.W.4 I.O. Ajay Kumar Rai, P.W.5 Om Prakash Singh (conducted inquest proceedings) and P.W.6 Dr. U.P. Pandey (conducted autopsy). The statement of appellant was recorded under Section 313 Cr.P.C. wherein he denied all allegations and claimed false implications due to unknown reasons. The then Additional Sessions Judge (FTC) Sonbhadra was satisfied with the prosecution evidence, therefore, convicted the appellant under Section 304 IPC and sentenced him to life imprisonment and a fine of Rs.1000/-with default stipulation vide judgment and order