J.C.S. Rawat, J. - (1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 28/30. 11.1998 passed by the learned Sessions Judge, Godda, in Sessions Trial No. 175 of 1998 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 IPC.
(2.) BRIEF facts of the prosecution case is that on 24.2.1998 at about 6.00 p.m., the informant Surodhani Besra, was returning from her Naihar (parental house) situated in village Bajpai to her matrimonial house at village Jagatpur. When she reached near a Mahua tree at a road bridge in village Jagatpur, the appellant suddenly emerged, stopped her and inflicted a knife blow on her stomach as a result of which she sustained injuries on her stomach. Thereupon, she raised alarms. The appellant left the knife penetrated on the person of the victim lady and ran away from the place of the occurrence. Thereafter, the victim wanted to - proceed to her matrimonial home, but when she proceeded a few steps further and pulled out the knife from her stomach, she fell down and became unconscious. She remained there whole night, but in the morning Lakhiram Murmu PW1 and Rajendra Thakur PW2 of the village Bajpai who had gone towards river side in the morning hours to attend the call of nature, reached near the place of the occurrence on hearing the cries of the victim lady. When they reached near the place of the occurrence, they saw that the informant Surodhani was lying in the maize field in an injured condition, and she was groaning. When they asked her about the occurrence, she told them that the appellant had penetrated the knife into her abdomen. Thereupon, the villagers were called and they reached at the spot. She also narrated the incident to them and slated the fact that the appellant had inflicted the knife blow on her abdomen. - She was taken to the Police Station where her fard beyan in which she narrated the details of the incidents, was recorded by the police and Pathergama PS Case No. 17 of 1998 was registered. After recording her fard beyan, the injured informant was sent to the hospital where she died. The fard beyan was also signed by PW10 Biraj Murmu who is the village Pradhan. After the case was registered, investigation was conducted. Inquest report was prepared; witnesses were examined under Section 161 Cr.P.C. The Investigation ultimately culminated into charge sheet submitted against the appellant.
(3.) THE learned Magistrate took cognizance of the offence. The case was committed to the court of sessions as it was exclusively triable by the court of sessions. Learned Sessions Judge framed charges against the appellant. The appellant denied the charges and claimed to be tried.;