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2. The prosecution story, in brief, is that on 19.12.2002, one Lakheswar Teron [P.W.1] as the Secretary of the concerned Village Defence Party, Bheta Gaon Sarihajan lodged a First Information Report [FIR] at 03-00 p.m. on 19.12.2002 stating inter-alia that at around 10-30 a.m. on 19.12.2002, the accused-appellant inflicted injuries on the person of one Smti. Kamini Hansepi by hacking her with a dao, apart from hacking her child to death, when Kamini Hansepi with her child went to pay a visit to the house of the accused-appellant on that day. The FIR further stated that the condition of Kamini Hansepi was critical. The informant further stated that the accused- appellant also wounded his own wife by hacking her with the same dao. The informant also mentioned that the accused-appellant had, in the meantime, surrendered himself in the Police Station.

Lakheswar Teron [P.W.1], the appellant, the deceased-Libison Terang and the injured - Kamini Hansepi [P.W.5]. P.W.3 deposed to the effect that on the date of the incident, he went to Hanse Basti and when he was passing by the front of the appellant's house, he saw the appellant hacking the son of Kamini Hansepi [P.W.5] with a dao in his courtyard. P.W.3 stated that the appellant also chased to hack another boy of Kamini Hansepi [P.W.5]. At that time, as Kamini Hansepi [P.W.5] came in the way, the appellant hacked her too. P.W.3 stated to have rescued the other son of Kamini Hansepi [P.W.5] to take him to the house of Kamini Hansepi [P.W.5] to keep him there. The son of Kamini Hansepi [P.W.5] who was hacked, died in the courtyard of the appellant. P.W.3 further stated that Kamini Hansepi [P.W.5] on being hacked, became unconscious and fell on the ground. P.W.3 then took Kamini Hansepi [P.W.5] to the hospital. P.W.3 stated that he saw the appellant going towards Police Station with the dao in hand. P.W.3 testified that the incident took place at around 10-30 a.m. Kamini Hansepi [P.W.5] was treated in a hospital at Dimapur for about twenty days. On being informed, Police personnel arrived at the place of occurrence and the deadbody of Kamini Hansepi's [P.W.5] son was taken to the Police Station. The deadbody was thereafter, taken to Diphu Civil Hospital for post-mortem examination and he accompanied the deadbody. P.W.3 further stated that he was present when Police held inquest on the deadbody of the deceased and he gave his signature as a witness to the Inquest Report [Ext.-2] and identified his signature therein as Ext.-2[2].

21. P.W.4, Mala Engtipi in her examination-in-chief, deposed that the incident took place around 10-00 a.m. on 19.12.2002. P.W.4 stated that the appellant was ill for three days before the incident and he was showing restlessness. According to P.W.4, the appellant showed inclination not to stay in home and he used to get scared seeing any third person. P.W.4 stated that at around 10-00 a.m. on the date of the incident, she went to fetch water from a pond and at that time, the appellant was inside their house. When P.W.4 came back with water, she told the appellant that she was going to boil water for him. When she returned with boiled water, the villagers told her that the appellant had hacked Kamini Hansepi's son. Having heard so, P.W.4 came back and saw that Kamini Hansepi's son was lying in their courtyard after being hacked with a dao. P.W.4 saw wounds on the back of the child of Kamini Hansepi [P.W.5]. P.W.4 stated that having been frightened, she fled from her house and it was only on the following day, she returned to her house. It was Sarsing Teron [D.W.1] who informed her that the appellant had also hacked Kamini Hansepi [P.W.5] with a dao. P.W.4 stated to have noticed cut marks on the face of Kamini Hansepi [P.W.5]. P.W.4 further stated that when she returned home, she saw that the appellant was arrested by the Police.

38. It was P.W.3, Chandra Terang, who had testified about witnessing the assault made on both the injured, Kamini Hansepi [P.W.5] and the deceased by the appellant. P.W.3 had categorically testified that he saw the appellant hacking the injured Kamini Hansepi's son with a dao in the courtyard of the appellant's house. P.W.5 also testified that as a result of the hacking by the appellant, the child died instantaneously in the courtyard of the house of the appellant itself. P.W.3 also corroborated the version of Kamini Hansepi [P.W.5] that the appellant hacked her too and as a result of such hacking, Kamini Hansepi fell on the ground losing her consciousness. The testimony of P.W.3 on the said two vital aspects could not be demolished by the defence in any manner whatsoever during his cross-examination. Rather, it was elicited from P.W.3 that when the appellant hacked the deceased, Libison Terang and Kamini Hansepi [P.W.5], the father-in-law of Kamini Hansepi, Pota Terang was in his own house consuming liquor. From the manner of such examination, it can be said that the defence had also implicitly admitted that it was the appellant who had hacked the deceased, Kamini Hansepi and her three years old son.