- (1.) THIS appeal assails judgment of conviction and sentence dated 21st May, 2007 passed by the learned Sessions Judge, a and N Islands. The appellant was arraigned with charges under Sections 302 and 201 of the Indian Penal Code, for committing murder of one Julia barua, since deceased, and for causing disappearance of evidence. The learned Trial Judge convicted him under Section 302, IPC, however, there has been acquittal under Section 201, IPC.
(2.) THE short facts for which the appellant stood for trial are stated hereunder:- One Nisdor Kindo, P. W. 1, the then Up-Sarpanch of Kishori Nager gram Panchayat on receipt of an information at Kishori Nager from one neelratan Mondal, Up-Pradhan of the same Gram Panchayat about murder of Julia Barua, wife of Marshal Xalxo, returned to his village Parangara and met the husband of the deceased. He with said Marshal Xalxo and two or three other persons of his house had been to a Nallah (small canal) where they found the dead body of Julia Barua and discovered cut injuries on her neck and also other parts of her body. Thereafter, he narrated the matter to police official (P. W. 13), one Rameshwar Singh who recorded the statement of P. W. 1 and formally prepared and wrote out First Information Report. The body was recovered and sent for post-mortem examination. One Dr. Ashok Pal Govind, P. W. 12, conducted the post-mortem examination and before that there has been inquest of the body and report thereof done and prepared by Shaukat Hussain (P. W. 14 ). In the post-mortem report it was found that the said Julia Barua sustained severe injuries inflicted by sharp weapon. These are ante mortem in nature and these had resulted death. The Investigating Officer, P. W. 14, took statements of the relevant persons including P. W. 7 and P. W. 8 under Section 161 of the Code. The P. W. 14 seized blood stained soil and control soil, wearing apparel of the deceased. The appellant was arrested on 22nd April, 2003. While he was being interrogated, he is said to have made extra-judicial confession in presence of P. W. 10, N. K. Talukdar, the Pradhan, and P. W. 11, Nil Ratan Mandal that he had killed Julia with "dau" which he could bring and produce from the house of his acquaintances. Being prompted with this statement the i. O. in presence of P. W. 10 recovered with the help of the accused the offending weapon, the clothes he wore on the eventful day which were blood stained. Those materials were seized and preserved by the I. O.
(3.) IN order to substantiate the charges the prosecution examined as many as 14 witnesses and also produced material and documentary evidence. One of the witnesses namely Josphin Minj, P. W. 7, was cited as eye witness of the incident. One Augustin Lakra, P. W. 8, one of the prosecution witnesses was declared hostile for trial, so he was cross-examined with the leave of the Court. Out of fourteen witnesses two (P. W. 3 and P. W. 11) were tendered for cross examination.;