MURARI PRASAD SHRIVASTAVA, J. - (1.) THE present appeal is directed against the judgment and order of conviction and sentence dated 21st March, 2012 passed by the learned Additional Sessions Judge, Andaman and Nicobar Islands, Port Bair in Session Case No.90 of 2009 relating to Session Trial No.62 of 2010 under section 302 of the Indian Penal Code whereby and whereunder the appellant was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.2000/ - (Rupees two thousand) only, in default, to suffer rigorous imprisonment for two months.
(2.) THE prosecution case, in brief, is that the victim Pladus Bakhla, whom the defacto complainant knew for some time, used to come to his house and on 2.7.09 at about 5 p.m, he came to the house of the defacto complainant and stated that he had a quarrel with his friend Shri Joseph Toppo, the present accused, for which he was not willing to go to the jungle with the accused for killing pig but rather work in his field and stay in his house and accordingly, the said Pladus Bakhla had food in the house of the defacto complainant and slept in his house. Subsequently, on 3.7.09, the defacto complainant and Pladus Bakhla ploughed the field of the defacto complainant and Pladus, having had food in the house of the defacto complainant, went to the cowshed where he slept and the defacto complainant slept in his house with his family. Subsequently, at mid night, wife of the defacto complainant, Smt Salomi Katchwa, woke him up and told that somebody 's painful noise was coming from outside upon which the defacto complainant and his wife went towards the cowshed and with light of the 'Diya ' saw Pladus Bakhla making such painful noise, lying on the charpoy and blood was oozing out near the right eye and his left temple and he was also in unconscious condition. They further found that a wooden button with blood stain was lying on the said Charpoy. The defacto complainant, at once, called Egnish Bakhla, brother of the said Pladus Bakhla, and told him about the incident. The defacto complainant thereafter went to the house of the Pradhan, Jogga Rao and after informing him returned to his house. Jogga Rao reached the place of occurrence in his motor cycle and informed the Primary Health Centre, Hut Bay for sending ambulance. Subsequently,Egnish Bakhla and the defacto complainant took the victim in the ambulance and got him admitted in the hospital. The defacto complainant doubted that due to the quarrel between Pladus Bakhla and the accused Joseph on 1.7.09, the said accused had hit the victim on his head with the wooden button while he was sleeping, with intention to kill him. The Fardbayan of the defacto complainant was recorded by S.I. A.K.Singh and it was sent to the Police Station. On the basis of the same, which was registered as FIR, a case was started under section 307 of the Indian Penal Code. Subsequently, the victim died in the hospital and the case proceeded against the accused under section 302 of the Indian Penal Code. The investigation was taken up by Inspector S.N.Singh immediately after lodging of FIR and after completion of investigation, charge sheet under section 302 of the Indian Penal Code was submitted against the accused.
(3.) THE charge was duly framed against the accused and the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.;