- (1.) Nobody appears on behalf of the appellant. Mr. Krishna Shankar, A.P.P., appears for the State. This appeal is directed against the judgement of conviction and order of sentence dated 31.03.2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 6th, Dhanbad in Sessions Trial No. 345 of 2000, convicting the appellant under section 302 IPC and sentencing him to undergo R.I. for life. The prosecution case in short is that the informant-Suraj (PW-6) gave fardbeyan on 29.06.2000 at 0.15 hours before the police to the effect that when he was about to take food in his home, the appellant who was 'Sala' (brother-in-law) of the informant, came and started abusing him and his wife, to which they protested. On which, the appellant assaulted them with fist and slaps and thereafter, he went running to his house and brought Tangi and assaulted the daughter of the informant, Sonam aged about seven years, on her head, due to which, she sustained head injury and became unconscious and she was taken to the hospital. After two days, she succumbed to her injuries. The cause of incident was said to be quarrel between the children of the appellant and the informant.
(2.) Prosecution examined nine witnesses. PWs-1 & 2 have been declared hostile. PWs-3 & 4 are inquest witnesses.
(3.) PW-5 is the wife of the informant, who inter-alia said that there was quarrel between her daughter (deceased) and the son of the appellant and thereafter, the alleged incident took place.;