JUDGMENT D.K. Sinha, J.-This Criminal Appeal is directed against the judgment of conviction and order of sentence recorded by the Sessions Judge, Gumla in S.T. No. 174 of 1998 by which the sole appellant Anil Kujur was convicted under Section 304 Part-II of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years. He was further convicted under Section 450 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two yaars. It was directed that both the sentences would run concurrently by order dated 13.9.2002. 2. The prosecution story in short was that the informant P.W. 5 Nirmala Minz, a girl aged about 18 years, delivered her Fardbeyan on 23.3.1998 before the police that in the previous night i.e. 22.3.1998 at about 8.p.m. while she was pressing her clothes with iron and her mother Kripa Minz had been to the house of her sister in the same village, the accused-appellant Anil Kujur, aged about 22 years, entered into her room by pushing the door and tried to remove the Lantern which was burning, the informant sensing some foul play and taking advantage escaped from her house and went to the house of her brother-in-law in the same village where her mother had gone to. She narrated her mother and sister that Anil Kujur had entered into her house with ulterior motive. She further narrated that on coming back with her mother at 9 p.m. she found that the door of her house was open. The accused Anil Kujur was not there but she found that the clothes which she was pressing, was missing, as such, her mother went to the house of Anil Kujur to enquiry about her clothes where she was told that Anil Kujur did not return to his home. After a short while Anil Kujur again appeared and entered into the house of the informant and tried to forcibly take her away by dragging her which was objected and resisted by her mother Kripa Minz who stood firm at the door whereupon the appellant Anil Kujur thrashed her as a result of which she fell down on the peg of wood and sustained injuries on her forehead below the left eyebrow, nose and chest. She started trembling on the earth and screamed by raising alarm. She started trembling on the earth and screamed by raising alarm. Consequently, Anil Kujur escaped and the witnesses arrived including her sister and brother-in-law to whom the informant narrated the occurrence. After sometime her mother died. Her Fardbeyan led to registration of Raidih P.S. Case No. 9/1998 on 23.3.1998 for the offence under Section 304 of the Indian Penal Code against the sole accused Anil Kujur who is the appellant herein. The Investigating Officer after investigation of this case submitted charge sheet for the offence under Sections 452/ 354/304 of the Indian Penal Code. After commitment of the case, the Sessions Judge, Gumla found appropriate to frame and accordingly framed charge against Anil Kujur (appellant) under Section 450/304 of the Indian Penal Code to which he pleaded not guilty and claimed his trial. 3. Altogether seven witnesses were produced and examined on behalf of the prosecution. Besides, the prosecution proved the signature of P.W. 1 Binod Toppo on the inquest report of the deceased Ext.1 and the signature of P.W. 4 Amarjus Ekka thereon Ext.-1/1, the signature of the informant P.W. 5 Nirmala Minz on her Fardbeyan Ext.-2 and the signature of witness Nasrit Lakra on the Fardbeyan of the informant Ext.-2/1.The prosecution further proved the post mortem report Ext.-3, the Fardbeyan Ext.-4, the inquest report Ext.-5 and the F.I.R. Ext.-6. 4. P.W. 1 Binod Toppo was close door neighbour of the informant Nirmala Minz who arrived at the scene of the occurrence on the alarm there being raised by the informant where he witnessed -mother of the informant Kripa Minz lying on the earth, sustaining injuries. When called upon, Kripa Minz narrated that it was Anil Kujur who was dragging her daughter Nirmala Minz out with the intention to ravish her and when she tried to stop Anil Kujur, he pushed her on the wooden peg causing injuries. This witness further stated that Anil Kujur had committed rape on Nirmala Minz earlier in the month of October, 1997 and he was recently released on bail from the jail. Kripa Minz died after sometime in the same night and on the next day the police came and had recorded his statement. Inquest report of the deceased was prepared in his presence upon which he put his signature and the same was also signed by Amrujus Ekka. Kripa Minz died after sometime in the same night and on the next day the police came and had recorded his statement. Inquest report of the deceased was prepared in his presence upon which he put his signature and the same was also signed by Amrujus Ekka. He admitted having seen the deceased Kripa Minz lying by the side of the wooden peg which was attached to the earth and further admitted his interaction with the deceased Kripa Minz . 5. P.W. 2 Asaubin Tirki is the married daughter of the deceased living in the same village who by supporting the prosecution case testified that on 22.3.1998 while she was in her house with the husband and her mother, her sister Nirmala Minz came running there and narrated that Anil Kujur tried to catch hold her after entering into her house. After sometime her sister Nirmala Minz returned with her mother to their own house. She further stated that at about 9 p.m. she heard alarm identified to be ra.ised by her sister Nirmala Minz whereupon she with her husband went there and found that her mother was lying in the Dhaba near a wooden peg and when called upon, her mother narrated that Ani! Kujur was dragging Nirmala Minz out of th(:) home with the intention' to ravish her and that when she tried to stop him, Anil Kujur thrashed her as a result of which she fell down on the peg and sustained injuries. She further testified that other witnesses such as Binod Toppo etc. were present at the place of occurrence before her arrival and by that time the appell<;J.nt Ani! Kujur had already escaped. Her mother died after sometime. She disclosed that Anil Kujur had earlier committed rape on Nirmala Minz about six months ago and he was sent to jail. The occurrence was given effect to after his release on bail. She further narrated that when she arrived at the scene, found her mother lying on the earth and there was bleeding from her face and mouth. 6. P.W. 3 Bardan Tirki supported the date and year of occurrence and the time at about 8.30 p.m. He heard alarm of Nirmala who was shouting "Bachao-Bachao" whereupon he went there and found that Binod was talking to his mother in-law Kripa Minz. 6. P.W. 3 Bardan Tirki supported the date and year of occurrence and the time at about 8.30 p.m. He heard alarm of Nirmala who was shouting "Bachao-Bachao" whereupon he went there and found that Binod was talking to his mother in-law Kripa Minz. The victim narrated in his presence that she sustained injuries due to fall on the peg as he (Anil) had thrashed her. He further testified that his mother-in-law explained that when Anil was taking away her daughter forcibly, she tried to resist him by holding path but he thrashed her and she sustained injuries. She died after one and half hours. He admitted that he arrived at the place of occurrence within short while. The police arrived on the next day, recorded his statement to whom he narrated the occurrence. He further stated that he had arrived at the place of occurrence alongwith his wife and found that other villagers had assembled there near his mother-in-law and she was talking to Binod. She was trembling and could not say as to how she fell down. The witness explained that in the night of occurrence he had not served "Hadia" to her mother-in-law as it was not available in his house. He denied the suggestion that she fell down in a state of intoxication after consuming liquor and further denied that accused was falsely implicated. 7. P.W. 4 Amrujus Ekka by supporting the statement of the earlier witnesses stated that he heard alarm originated from the house of Kripa Minz while he was taking meal at about 8.30 p.m. On hearing such alarm he went there and found Kripa Minz lying near the peg but he did not find bleeding from her face. He was apprised by Kripa Minz that Anil had thrashed her as a result of which she fell down on the peg and sustained injuries. Anil was trying to take away her daughter Nirmala forcibly to which she obstructed on the act of Anil. She died at about 10/11 O'clock in the same night in her house. He further deposed that Anil had forcibly taken away Nirmala about six months ago and had ravished her to which a case was registered against him and he was sent to jail. After his release from jail he had given effect to this occurrence. She died at about 10/11 O'clock in the same night in her house. He further deposed that Anil had forcibly taken away Nirmala about six months ago and had ravished her to which a case was registered against him and he was sent to jail. After his release from jail he had given effect to this occurrence. The police arrived there on the subsequent date and prepared inquest report of Kripa Minz in his presence and he proved his signature as well as the signature of Binod on the inquest report marked as Exts. 1 and 1/1. In his cross-examination the witness stated that his house was situated at the distance of 50 links with the intervening house of one Willium, surrounded by many other houses. He testified that he had heard alarm raised by Kripa Minz shouting "Bachao-Bachao" and it was dark night as such neighbouring people had arrived there with Lantern in their hands. No sooner did he arrive there in the house of Kripa Minz, other witnesses Pradhan, Binod and Ibrahim were already present there. Kripa Minz was sitting in Dhaba by the side of the peg and an earthen lamp was burning there. He found injuries on the face of Kripa Minz. She died in the night at about 10/11 O'clock. Anil was his co-villager and his house was situated at the distance of about 50 yards from the house of Kripa Minz towards west but on search he was not found in his house in the morning. Kripa Minz was not habitual of taking liquor and that she was not suffering from any ailment. Anil remained in custody for about six months and he denied the suggestion that they were aggrieved because Anil was released on bail. 8. P.W. 5 Nirmala Minz is the prosecutrix, an important witness of this case. She testified that on 22.3.1998 at about 8 p.m. she was alone in her house and her mother had been to the house of her brother-in-law Bardan Tirky in the same village. While she was pressing her clothes, in the meantime, Anil opened the door, entered inside her room and started removing Lantern. She escaped from her house and went to inform her mother who was sitting In the Bardan's house. She narrated the incident to her mother and sister and at that time her brother-in-law was present there taking his meal. While she was pressing her clothes, in the meantime, Anil opened the door, entered inside her room and started removing Lantern. She escaped from her house and went to inform her mother who was sitting In the Bardan's house. She narrated the incident to her mother and sister and at that time her brother-in-law was present there taking his meal. She alongwith her mother returned back at her house at about 9 p.m. and found that the door was open but her pressed clothes were not there. Her mother went to the house of Anil to enquire about her clothes where she was apprised that Anil was not there. She returned back. Anil again came in her house after a short while at about 9.15 P.M. and started taking her out by dragging her to which her mother forbade him to which Anil started abusing her mother. She alleged that Anil out of heat and passion thrashed her mother on the wooden peg attached with the earth on the Verandha as a result of which she sustained injuries on her nose, mouth and forehead, consequently her mother started trembling and screaming. On hearing alarm the witnesses Binood, Bardan Tirkey and others came there to whom her mother narrated the occurrence but by that time Anil had already escaped from the place of occurrence. Her mother died after some time. She further testified that about six months prior to the alleged occurrence• Anil had committed rape on her to which a case was instituted and he was sent to Jail. A f9W months prior to the alleged occurrence he was released from jail. The police came on Monday who recorded her statement which was read over to her and finding it correct she put her signature on the Fardbeyan. She identified her signature and the signature of other witnesses which were marked Exts. 2 and 2/1. The dead body of her mother was sent to Gumla Sadar Hospital for post mortem by Sub-Inspector of Police. She identified Anil in the dock. In her cross-examination she had given description of her _ house as also the house of her brother-in-law situated at the distance of 100 feet and also stated that the house of Anil was situated towards south of her house. She identified Anil in the dock. In her cross-examination she had given description of her _ house as also the house of her brother-in-law situated at the distance of 100 feet and also stated that the house of Anil was situated towards south of her house. She further had given an account of the place of occurrence and deposed that she had sensed when Anil had entered into her room by opening the door and at that time she. had no interaction with him. She left the house within two minutes and went to the house of her brother-in-law within 4/5 minutes. She narrated the incident to her mother and shortly returned back. Her sister and brother-in-law did not accompany them. Her mother was aged about 55 years at that time. She did not find her skirts and blouses there at the place which she was pressing with iron. Anil came to her house for the second time immediately after her mother returned from his house. At that time she alongwith her mother was sitting on verandha. Anil started dragging her out from her house by. holding . her hands whereupon she started weeping but did not raise alarm. Her mother came to rescue her and also raised alarm in loud voice but nobody could come immediately. Her mother was standing at the door by facing towards north whereas Anil had turned his face towards south. He had thrashed her mother from the front side but she fell down towards north of the door and started trembling and died on verandha at the distance of about 2/3 cubits from the place where she fell down. She denied that her mother died by falling on the earth. 9. P.W. 6 Dr. K. Prasad had held autopsy on the body of the deceased Kripa Minz, 55 years female, on 24.3.1998 while he was posted at Sadar Hospital, Gumla as Civil Asstt. Surgeon and found the following injuries:- (i) Bruise over left temporal region resulting in fracture of left temporal bone with extra dural haemotoma. (ii) Fracture of right sided thorasic ribs no. 2 to 6 resulting into right haemothorax. All the injuries were ante mortem in nature caused by hard and blunt substance, grievous in nature responsible to cause death in ordinary course of nature. In the opinion of the Doctor witness cause of death was haemorrhage and shock. (ii) Fracture of right sided thorasic ribs no. 2 to 6 resulting into right haemothorax. All the injuries were ante mortem in nature caused by hard and blunt substance, grievous in nature responsible to cause death in ordinary course of nature. In the opinion of the Doctor witness cause of death was haemorrhage and shock. The injury was possible if the injured could be thrashed on the peg forcibly. The time elapsed since death was assessed between 1 to 2 days approximately. He proved the post mortem report Ext.-3. The witness admitted that the injured could have survive for 6-12 hours and that such injuries were not possible by fall in the ditch. 10. P.W. 7 Bular Chand Pandey was the Investigating. Officer of the case. He deposed that he had heard on 23.3.1998 while was posted as Sub-Inspector of Police at Raidih Police Station that some unpleasant occurrence which had taken place at the Village-Birkera within Raidih Police Station to which entry was• made to this at serial No. 374 of the station diary and visited the Village-Birkera where he recorded the fardbeyan of Nirmala Minz in presence of the witness Ext.-4. He recorded statements of other witnesses and visited the place of occurrence. The interior part of the house of the deceased, which was known as Dhava, was 4 feet long and 3 feet wide the door opening towards south made of tin. He found two pegs attached with the earth on the Dhava at the distance of about 3 feet from the door with the height about 6 feet and girth about 2-1/2 feet. Room was connected with Dhava and towards west there was an open field. He found the dead body of Kripa Minz lying near the peg. Inquest report was prepared which was proved and marked Ext-5. He sent the dead body for post mortem to the Sadar Hospital, Gumla and also sent the Fardbeyan for registration of the case and on the basis of which, a formal FIR was drawn being Raidih P.S. Case No. 9 of 1998. On the same day Anil Kujur was arrested and after receipt of the post mortem report he submitted charge-sheet against him. On the same day Anil Kujur was arrested and after receipt of the post mortem report he submitted charge-sheet against him. In the cross-examination he admitted that the station diary entry was made on 23.3.1998 and on the same date he recorded the fardbeyan of the informant at the place of occurrence at about 11.15 a.m. In course of investigation he gathered that the informant had earlier instituted a case against the accused of committing rape on her giving rise to Raidih P .S. Case No. 46 of 1997. 11. After examination of all the witnesses, accused Anil Kujur was examined and his statement was recorded under Section 313 of Cr.P.C. wherein he was confronted with the materials collected in course of trial on the record to which he denied his guilt and explained that on account of previous enmity he was falsely implicated. 12. Mr. Trivani Mishra, the learned ,counsel, appearing on behalf of the appellant submitted that the specific defence of the appellant before the trial court was that he was falsely implicated in the instant case on account of previous enmity. A case was earlier instituted by the informant of the instant case against him for the alleged offence under Section 376 of the Indian Penal Code giving rise to Raidih. P.S. Case No. 46 of 1997 and after appreciation of the merit of the case the appellant was released on bail after his detention in custody only for two months which caused anguish to the informant and other witnesses and he was roped in the false case. The learned counsel assailed the impugned judgment that the defence of the appellant was ignored about his false implication and only on the evidence of the interested witnesses the appellant was convicted under Sections 304 part-II and 450 of the Indian Penal Code. 13. I have gone through the impugned judgment and the materials on the record collected in course of trial. Considering the totality of the facts and circumstances of the case I find that the trial court was justified in holding the accused guilty for the charge under Sections 304 Part-II and 450 of the Indian Penal Code. I further find that the prosecutrix P.W. 5 Nirmala Minz very consistently narrated the occurrence by corroborating her fardbeyan which she had delivered before the Investigating Officer at the first point in time. I further find that the prosecutrix P.W. 5 Nirmala Minz very consistently narrated the occurrence by corroborating her fardbeyan which she had delivered before the Investigating Officer at the first point in time. She further narrated the motive of the appellant for giving effect to the occurrence. She was consistent that her mother Kripa Minz sustained homicidal death at the hands of the appellant as she had come forward to oppose the act of the appellant while he was taking away her daughter forcibly by dragging her with ulterior motive at about 9 p.m. from their house and there was no male member to protect any of them. The deceased was quite healthy and hearty and the doctor who held autopsy was consistent that the injury was found on the person of the deceased was possible, if the injured could be thrashed on the peg forcibly and that such injury was sufficient to cause death in ordinary course of nature. The Investigating Officer also testified that he found the deceased near the peg at the distance of about 2/3 cubits and he had given a detailed account of the place of occurrence in his objective finding. It is relevant to mention that the deceased prior to her death had delivered dying declaration as to the cause of injuries sustained by her at the hands of the appellant Anil Kujur to the witnesses P.Ws.1, 2, 3 and 4 which ultimately resulted into her death as such her statements is relevant under section 32(1) of the Evidence Act, and the same was reproduced by the P.W. 1, P.W. 2, P.W. 3 and P.W. 4.The prosecutrix P.W. 5 Nirmala Minz in her testimony claimed to be the eye witness and deposed the account and the circumstances as to the cause of death of her mother Kripa Minz very con. sistently and participation of the appellant Anil Kujur in such homicidal death which certainly did not amount to murder of Kripa Minz. The appellant did not deserve any leniency and he was rightly held guilty for the alleged charge under Sections 304 Part-II and 450 of the Indian Penal Code and was adequately sentenced by the Trial Court. The learned counsel appearing on behalf of the appellant failed to show any material opposed to the finding and observation of the Trial Court so as to call for interference. The learned counsel appearing on behalf of the appellant failed to show any material opposed to the finding and observation of the Trial Court so as to call for interference. There being no merit, this appeal is dismissed. The interim bail granted to the appellant on 14.2.2003 is vacated. The Trial Court is directed to take coercive steps to ensure that the appellant is sent back to the jail to serve out the remaining period of sentence against his conviction. .