- (1.) The instant appeal has been preferred by the Appellant/Convict Hopna Soren being aggrieved by and dissatisfied with the Judgment and order of conviction passed by the Ld. Sessions Judge, Malda in Session Case No.101 of 1998(Sessions Trial No.47 of 2001) on 20.07.2002 holding the appellant/convict guilty and thereby convicting him for committing an offence punishable Under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default R.I. for five months more.
(2.) A brief resume of the prosecution case emerging from the F.I.R. and evidence is that on 24.04.1991 at about 8.30 A.M. while the defacto complainant Lakshmiram Tudu was constructing his room's wall, his co-villager Kulen Roy reported to him that Hopna Soren, son of Late Gobi Soren had assaulted Maiku Murmu, wife of Changu Soren. He then went to the place of occurrence along with Kulen and saw that Maiku Soren was lying on the ground in a pool of blood near the well in front of the house of Khokan Roy. Blood was oozing out from her forehead and nose. They then called the villagers and arranged for shifting the injured to hospital for treatment. In the mean time, the de-facto complainant came to learn from Mongli Soren, daughter of the injured Maiku Murmu that while Maiku was returning home carrying two pitchers full of water - one on her head and another in her armpit and when she reached near the house of Hopna Soren, he suddenly assaulted her with a bamboo lathi on her head. Maiku Soren fell down and the pitchers were broken. After that Hopna Soren took out a spade from his house. Seeing that Maiku Murmu attempted to run away towards the house of Khokan Roy when Hopna Soren assaulted her with the spade below her forehead and Maiku fell down sustaining bleeding injury. Thereafter, Hopna Soren fled away with the spade towards western field. Thereafter, the de facto complainant and the other villagers lifted Maiku Murmu in a cot and proceeded towards Gazole hospital for treatment. While they reached near Balarampur village, Maiku Murmu succumbed to her injuries.
(3.) The de facto complainant thereafter, lodged oral complaint on the basis of which Gazole P.S. Case No.30/91 dated 24.04.91 under Section 304 I.P.C. was started. That case was investigated into. During the course of investigation, on the prayer of the I.O., the charge was altered under Section 302 IPC in place of Section 304 IPC. After completion of investigation, chargesheet was submitted under Section 302 IPC against the accused/convict.;