( 1. ) IN this appeal, the appellant Mahto has challenged his conviction under Section 302 of the Penal Code for which he was sentenced to undergo imprisonment for life.

( 2. ) THE prosecution case is this. The deceased Chhando was the husband of the acquitted accused Mst. Nanki and father of the appellant and the acquitted accused Gawal. Pyaribai (P. W. 2) is their daughter. Gangi (P. W. 3) was engaged to Gawal and lived with the deceased. The deceased had agricultural land belonging to the joint family. He developed drinking habits and used to dispose of his land for meeting drinking expenses. The appellant and other members of the family were greatly annoyed with him. Between the intervening night of 19th and 20th June, 1971 the family members slept together with the deceased in one room. In the early hours of the morning, the appellant attacked Chhando with a sharp edge of an axe. Pyaribai (P. W. 2), Gangi (P W. 3) and Nanhu (P. W. 13) woke up on hearing shrieks when they saw the appellant standing with an axe in his hand and Chhando lying in a pool of blood. The appellant and the acquitted accused Gawal went to Chowkidar Mahatoram (P. W. 4) and informed him admitting that they had killed their father. The Chowkidar collected village people who questioned the appellant who, before them, admitted to have killed his father. Dasarai (P. W. 1) went to the police-station and lodged the first information report (Ex. P-1) at 2 p. m. on June 20, 1971.

( 3. ) AN inquest was held over the dead body of Chhando as per Panchanama, Ex. P-6. Dr. I. D. Gupta (P. W. 19) performed the postmortem examination and as per report (Ex. P-17} found the following marks of injuries on the person of the deceased:

(i) Incised wound on neck below thyroid cartilage between the medial end of two clavical bones size 2" x 1/2" x 2". The wound was opened and trachea and oesophagus pipe were seen cut. Trachea was cut into two parts. Oesophagus cut in front part 1/4" x 1/6". (ii) Incised wound 2 1/2" x 2 1/2" x 1 1/2" on the left side of neck by the side of thyroid cartilage. Part of trachea was cut, size |" x 1/6". (iii) Incised wound 2" x 1/2" x 1" above the thyroid cartilage. Trachea and oesophagus were cut. Trachea and oesophagus including soft tissues under trachea and oesophagus were also cut but bones were escaped. Trachea and oesophagus were separated. (iv) Incised wound 2"x 1/2"x 1 1/2" on forehead at the right eye-brow. Dr. Gupta stated that the injuries were antemortem in the nature and were caused by a sharp cutting object. They were sufficient in the ordinary course of nature to cause death.

( 4. ) ON the memorandum of the appellant Mahto (Ex. P-7), an axe was seized from him as per seizure memo (Ex. P-8 ). A chadar (Art. 2) was seized from the appellant as per seizure memo, Ex. P-10. The report of the Chemical Examiner (Ex. P-19) shows that the chadar and the axe seized from the appellant, dhoti and lungi of the deceased and the earth seized from the spot were stained with blood. The report of the serologist (Ex. P. 20) shows that the chadar and the axe seized from the appellant were stained with human blood. The dothi and lungi of the deceased were also stained with human blood. The blood stains on the earth seized from the spot were disintegrated and their origin could not be determined.

( 5. ) THE appellant in the committal court admitted that he was sleeping in the same house along with other family members including the deceased. Nanhu (P. W. 13) killed his father. Nanhu dishonoured his mother which enraged his father, as a result of which Nanhu (P. W. 13) killed him with an axe. Before the Sessions Court, the appellant admitted that he, the deceased and others lived together and that marriage of Gangi (P. W. 3) was settled with Gawal. He also admitted that the deceased was addicted to drinking but denied that he had disposed of land without their consent. He admitted the presence of Nanhu (P. W. 13) on the relevant night. He denied th