- (1.) This appeal has been filed from the judgment and order of conviction and sentence dated 28th September, 2004 and 30th September, 2004 respectively, passed by the Additional Sessions Judge, 1st Court, Purulia, in Sessions Trial No.3 of 2004, arising out of Sessions Case No.62 of 2004, whereby and whereunder the accused appellant was convicted and sentenced under Section 302 IPC and directed to suffer imprisonment for life and to pay fine of Rs.2000/- in default of such payment, suffer further rigorous imprisonment for three months.
(2.) The case of the prosecution is that the victim was found with injuries on her body on a road near to her house. An alarm was raised by P.W.3 which attracted the attention of P.W.4 and on reaching the place of occurrence (P.O.), P.W.4 found not only the accused appellant assaulting the victim with cuttery but also thereafter fleeing away. Fleeing of the accused appellant was also noticed by P.W.5.
(3.) The said incident occurred in the absence of the victim who had gone to Bandowan hosiptal to collect some medicines. He was informed of the incident by his daughter, P.W.4 on the road while he was returning from the hospital. Thereafter, an F.I.R. was filed by him on the date of the incident at 11.15 hours. and Bandowan P.S. Case No.27 of 1994 was started under Section 302/201 IPC. An inquest was made on the body of the victim and report filed. The body was also sent through the constable for post-mortem purposes and post-mortem report was also filed. On the basis of the investigation conducted by the I.O., a charge sheet was filed and charges framed. The said charge was readover and explained to the accused appellant, who pleaded not guilty and claimed to be tried. Prosecution examined 10 witness. None was examined on behalf of the defence. On consideration of oral evidence so also documents exhibited, the order of conviction and sentence was passed. The accused appellant was also examined under Section 313 of the Criminal Procedure Code.;