- (1.) This appeal arises out of the judgment and order of conviction and sentence dated 21.12.2002 passed in Sessions Trial No. 116 of 1999 by the learned Additional Sessions Judge, Fast Tract Court-III, Chatra, convicting the appellant under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life. The prosecution case in short is that P.W. 5 Sewal Saw lodged report With the police on 26.8.1998 stating that when his daughter-in-law Nirmala Devi aged about 35 years went to fetch water from hand pump in the morning, the appellant suddenly assaulted in her stomach by knife and pulling it out, fled away. Nirmala Devi was taken to the Hospital where she died. It was further alleged that the appellant had given threatening due to disputes between the parties.
(2.) Mr. Laljee Sahay, learned counsel, appearing for the appellant, submitted that no independent witness has been examined in this case; and that the blood stained soil and the alleged weapon were not sent for chemical examination and those were also not produced before the Court. The I.O. was also not examined. The appellant was of tender age at the time of alleged commission of offence. At best this case will come under Section 304 (Part-I) I.P.C. for which the appellant has remained in jail for about 13 years.
(3.) On the other hand, learned counsel, appearing for the State, supported the impugned judgment and sentence. It is submitted that the appellant was waiting with the dagger for inflicting dagger injury due to enmity. The prosecution story has been fully supported by the Doctor's evidence. Thus non-examination of I.O. or non-sending the blood stained soil or the dagger for chemical examination or non-production thereof in the Court is of no help to the appellant, as no prejudice has been caused to him.;