Kailash Prasad Deo, J. - (1.)Heard learned Amicus Curiae Ms. Amrita Banerjee and Learned counsel for the State Mr. Arun Kumar Pandey, Additional Public Prosecutor.
(2.)The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 10.01.2008 passed by 1 st Additional Sessions Judge, Pakur, in Sessions Case No. 101 of 2006 whereby the learned Trial Court has held the sole appellant Sirjal Baskey guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded sentence of imprisonment for life.
(3.)The prosecution case as unfolded on the basis of fardbeyan of the Informant Tuila Marandi recorded by Sub Inspector of Police Anand Kumar Singh, Officer In-charge, Maheshpur Police Station on 06.04.2006 at about 12.05 hours at village Sahebnagar is that, the informant has stated that marriage of his sister was solemnized with the accused / appellant Sirjal Baskey 5-6 years ago. Informant has further stated that yesterday ( 05.04.2006) at around 10.30 A.M. his sister Tuky Marandi came to his house and in the night at 10.00 PM, husband of Tuky Marandi, Sirjal Baskey also came to his house and asked his sister to come along with him. The informant has stated that his sister will go in the morning but his brother-in-law was insisting and asked her to come along with him. The informant has further stated that his sister was also not interested in going to her sasural but because of insistence of her husband, Sirjal Baskey, she went along with him at around 11.00 PM in the night with her son aged about 7 years. The informant has stated that in the morning at 8.00 AM, informant received an information from the residents of Sahebnagar, that dead body of his sister Tuky Marandi aged about 28 years is lying in the paddy field of village Sahebnagar. Thereafter the informant, his mother and other covillagers went there and saw the dead body lying in the field. The informant has stated that two days ago his brother-in-law Sirjal Baskey had assaulted his sister Tuky Marandi due to which she came to his house. Informant has claimed that his brother-in-law Sirjal Baskey has killed his sister and for that he had taken his sister in the night and thereafter assaulted her and killed her by pressing her neck.