(1.) THE appellant has challenged the judgment and order of conviction and sentence dated 10th March, 1998, passed by Shri S.H. Kazmi, 3rd Addl. Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 571 of 1995, arising out of Pasrudih P.S. Case No. 165 of 1995 corresponding to G.R. case No. 1430 of 1995, whereby and where -under, he has been found guilty and convicted for the offence under section 302 of the I.P.C. and was sentenced to undergo rigorous imprisonment for life.
(2.) THE husband of Informant deceased Purno Nayak was an employee of TELCO. On 26th July, 1995 at 3 P.M., the said Purno Nayak was lying on a Cot under a 'Kathal ' (Jackfruit) tree by the side of the house of Lakhan Mardi (P. W. 6). At 6 P.M. on the same day, Rinti Mardi (P.W. 7), daughter of Lakhan Mardi came to the house of Informant, Jema Nayak (P.W. 2) and informed her that the accused Shambhu Sirka was assaulting the Informant 'shusband with a Farsa. Upon that the Informant rushed to the house of Lakhan Mardi and the accused was seen assaulting him with a Farsa. When the Informant raised Hulla, her daughter Fulo Nayak (P.W. 1) and other co -villagers reached there, whereupon the accused fled away towards his house. The Informant found her husband dead with deep multiple injuries on the left side of neck as well as some other parts of the body. Upon enquiry being made, Rinti told the Informant that the accused had come to call the deceased to visit his house to see his ailing son as the deceased used to treat the patients with Jhar -Foonk, but the deceased refused to go along with him which enraged the accused and he went back to his house abusing and also threatening him to kill. Within a short span, the accused again returned with a Farsa in his hand and started assaulting the deceased which resulted in his death.
(3.) LEARNED 3rd Additional Sessions Judge, Jamshedpur relied on the evidence of P.W. 7, an independent eye witness, found her ocular evidence supported by the medical evidence of the doctor (P.W. 8). The hearsay witnesses also supported the case of prosecution including P.W. 6, a seizure list witness, who saw the Police recovered a Farsa from the house of accused Shambhu Sirka. When the evidence regarding motive was considered, the court below found commission of crime at the hands of the accused as the deceased refused to go for treatment of the son of the accused by Jhar -Foonk, due to which the accused got enraged, abused and threatened the deceased and then went away and after few moments he came back with a Farsa in his hand and started assaulting the deceased. The court below found that P.W. 7, Rinti Mardi was the only eye witness to the total occurrence and she was an independent witness being not related to the deceased. The case of the prosecution was also corroborated by ocular evidence of two other witnesses (P.Ws. 1 and 2), they having seen the part of the occurrence.