- (1.) This appeal arises out of judgment and order of conviction and sentence dated 19.12.2002 passed by learned Sessions Judge, Latehar, in Sessions Trial No. 294 of 1999 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and accordingly sentenced to undergo imprisonment for life.
(2.) Prosecution case, in short, as emerges from the written report is as follows : Muneshwari Devi (the informant)-PW 1 gave a fardbayan on 26.3.1991 at about 9.15 a.m before the Police to the effect that at about 3,00 a.m in the night, a quarrel took place between her and her husband. Her husband became highly enraged and took her near the house of the appellant (which is contiguous and is intervened by a lane). The appellant intervened during which some scuffle and assault took place between her husband and the appellant and in a state of anger, the appellant took out a tangi from his house and gave blows on her husband causing injuries, even after, he fell down on the ground, due to which he died. The (sic) tried to intervene but the appellan pushed her. She raised India and Nirmalu Devi (PW 2), Lal Sahay Kherwar (neighbour of the informant) PW 3 came. She narrated them about the occurrence and took the dead body of the deceased inside her house.
(3.) On the basis of the said faredbeyan written report of the informant, Mahuadanr PS. Case No. 5 of 1999 was registered. After investigation, charge sheet was submitted against the appellant. The appellant faced the trial and has been convicted as aforesaid.;