- (1.) THIS Criminal Appeal has been preferred against the judgment and Order of conviction and sentence dated 23.09.2003 and 24.09.2003 respectively passed by Additional Sessions Judge. Fast Track Court -II, Chaibasa in Sessions Trial No.03 of 2003 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life.
(2.) THE prosecution case in short is that the informant Kuso Kerai (PW -3) lodged a fardbayan before the Police on 14.11.2002 at 11:00 a.m. that on the previous day at about 8:00 a.m. Rauto Sirka (PW -2) and Man Singh Sirka (not -examined) came to his house and informed that the appellant had killed his wife at about 12:00 in the night by assaulting on her head with iron piece (Hal Ka Fal) and he was trying to burn her dead body by covering it by wood in his Bari. On this information the informant along with said persons went at the place of occurrence and on removal of wood they found the dead body of deceased Roibari Sirka with injuries. In the mean time the appellant came and said that as his wife was of bad character, he killed her while she was sleeping at 12:00 in the night by iron piece (Hal Ka Fal) and was trying to burn her dead body by covering it by wood. Thereafter, the appellant was caught with the help of the villagers and the Police was informed. Ms. Preity Sinha, learned counsel appearing for the appellant as amicus curiae assailed the impugned judgment on various grounds. She submitted that the appellant has been convicted on the basis of the testimony of a child witness and that there are major contradictions in the prosecution case and that there was no motive for the alleged occurrence and that there is inordinate delay in lodging the F.I.R. and that appellant has remained in jail for about ten years.
(3.) ON the other hand counsel for the State has supported the impugned judgment.;