The prosecution sought to establish the case against the appellant and his father at the trial by evidence of Bhola Mahato and the other prosecution witnesses, namely Naku Sao PW 2 and Manaugi Sao, PW 3, who are the immediate neighbours of the deceased and had deposed at the trial that on learning about the murder of Rajpatia and having seen the appellant leaving with a blood stained balua from the house of the deceased along with his father Sheo Mahato armed with a lathi, they proceeded towards the house of Bhola Mahato to inform him about the murder of his mother since Bhola Mahato was living in a separate house.
The post mortem on the deceased was performed by Dr. S.P. Mukherjee who, however, was number examined, but the post mortem report was proved at the trial.
As Bhola Mahato, PW 7, was going to the house of his parents, he met Naku Sao and Manaugi Sao on the road who also gave him the information as numbericed above.
The husband of the deceased Bishun Mahato was the only eye witness but unfortunately he died before the companymencement of the trial and companyld number be examined.
Both were companyvicted for the said offence and sentenced to suffer imprisonment for life.
The First Information Report of the occurrence was lodged by PW 7 Bhola Mahato, son of the deceased at about 9.00 p.m. on the same day.
On 18th of November, 1973, at about numbern time, according to the prosecution case, the appellant Prasad Mahato armed with a balu and his father Sheo Mahato, armed with lathi went to the house of Bishun Mahato and inflicted injuries on his wife Rajpatia, who succumbed to the same and died.
S. Anand, J. The appellant along with his father Sheo Mahato was tried for offences under Section 302/34, I.P.C. by the learned Addl.
Sessions Judge.
The appellant has filed this appeal by special leave against his companyviction and sentence as recorded by the High Court.
