VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the sole appellant named above against the impugned judgment and order dated 14.5.1990 passed in Sessions Case No. 102 of 1989/10 of 1989 by Shri Jugal Kishore Prasad, 2nd Additional Sessions Judge, Santhal Parganas, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 304, part - II of the Indian Penal Code and she was convicted and sentenced to undergo rigorous imprisonment for ten years.
(2.) THE prosecution case has arisen on the basis of the written report (Ext. 6) dated 7.4.1988 of A.S. I. Awad Kumar Tiwari, Raneshwar P.S. who had conducted the investigation of U.D. Case No. 2 of 1988 dated 2.4.1988, lodged before Raneshwar P.S. regarding the occurrence which is said to have taken place between 18.00 hours of 31.3.1988 and 22.00 hours of 1.4.1988 between village -Ashanbani and village -Reshma, regarding the unnatural death of Sohan Kisku, the husband of the appellant. On the basis of the said written report, case was instituted against the appellant by drawing of the formal F.I.R. on 7.4.1988 at 10.00 hours which was received in the Court empowered to take cognizance on 8.4.1988. It is pertinent to mention here that P.W. 7, Debu Kisku gave information at Raneshwar P.S. on 2.4.1988 that Sohan Kisku has died of drinking liquor and the dead body of the deceased is under the supervision of P.W. 6, Shisir Marandi, the Sardar of the village and Station Diary Entry No. 29 dated 2.4.1988 (Ext. 3) was made in respect thereof and P.W. 13, Rabindra Kumar, O/C Raneshwar P.S. came to the house of the appellant, Kandani Murmu at village -Reshma where her Fardbeyan (Ext. 4) was recorded on 2.4.1988 at 11.30 hours and U.D. Case No. 2 of 1988 dated 2.4.1988 was instituted. In the Fardbeyan aforesaid it has been stated that, inter alia, that her husband Sohan Kisku had taken liquor two or three places in the Ashanbani Market on 31.3.1988 and he was under deep intoxication and she left Ashanbani Market in the company of her husband for her house and he fell down under intoxication on the Chapuria road in front of the house of the Chowkidar and in the state of intoxication he used to stand up and fall down on the ground as a result of which he has sustained injuries on his head and face and she gave information to her brothers, P.W. 11, Guddu Murmu and Lobin Murmu and on their arrival Sohan Kisku was taken to Ashanbani Hospital where the informant was directed to take her husband Sohan Kisku tor treatment to Mohul Pahari but Sohan Kisku could not be taken there for the treatment and when he was being brought to the house of the informant he expired in the way near Joria and thereafter his dead body was brought to her house in village -Reshma. The dead body of the deceased was sent for post mortem examination which was conducted by P.W. 4, Dr. Kapildeo Singh and on receipt of the post mortem report and after its perusal it was found that it is not a case of unnatural death, rather, it is a case of homicide. In the aforesaid backdrop, A.S.I., Awad Kumar Tiwari, the I.O. of the said U.D. case, lodged a written report (Ext. 6) before Raneshwar P.S. which is the basis for the prosecution of the appellant in this case. The case of the prosecution as per the written report (Ext. 6) of A.S.I. Awad Kumar Tiwari, the informant is that post mortem examination of the dead body of Sohan Kisku, the deceased of this case, was conducted by P.W. 4, Dr. Kapildeo Singh on 3.4.1988 at 10.00 hours and he has found the following ante mortem injuries on the person of the deceased : "(i) One lacerated wound 1" x 1/2" x bone deep over the left side of forehead, over the eye brows. (ii) One lacerated wound 1 1/2" x 1/2" x bone deep over the occipital region of head. On dissection of the skull there was found fracture of the occipital bone and frontal bone. On dissection of the skull it was found fracture of the occipital bones and left frontal bone besides laceration of the brain and meninges and there was presence of clots in the cranium. It was also found on dissection of the chest that there was fracture of 3rd to 7th ribs of the left side and 3rd to 8th ribs of the right side of the chest and there was also laceration of connecting pleura and lungs with huge collection of blood present in the chest cavity. The post mortem report further shows that P.W. 6, the doctor conducting the post mortem examination has opined that the death of the deceased was due to shock and haemorrhage as a result of injuries mentioned above caused by hard and blunt substance. It is further alleged that there were vital inconsistencies in the facts averred in the fardbeyan (Ext. 4) of the appellant in view of the objective finding of the doctor conducting the post mortem examination and thereafter in course of further investigation it transpired from P.W. 3, Malindo Hasda, P.W. 1, Hopni Soren and P.W. 2, Sanmuni Baski that they had also gone to Ashanbani Market on 31.3.1988 and while returning they had stopped near the building of the bank and the appellant and her husband, Sohan Kisku came there in drunken state and Sohan Kisku was urinating near the wall and the appellant Kandani Murmu gave three blows on the person of her husband, Sohan Kisku by Bahangi (bamboo used in carrying heavy articles) and P.W. 3, Malindo Hansda had snatched the said "Bahangi" from the appellant and as a result of the injury blood started oozing from the head of Sohan Kisku and said Malindo Hansda has snatched and kept the said "Bahangi" in his house. It is also alleged that query was again made from the appellant and she made extra judicial confession before him as well as several co - villagers that the deceased had taken liquor out of the sale proceeds of wood and when she demanded the money from him, he gave her three or four blows by fist and in retaliation she has also assaulted in her husband, Sohan Kisku by "Bahangi" causing bleeding injury on his head and from there she was bringing her husband to her house pushing him and he fell down near the house of Chowkidar in village -Ashanbani and in spite of her best efforts her husband could not stand up and thereafter she has given him two or three kicks in anguish and thereafter she kept vigil at him for the whole night. The prosecution case further is that the death of Sohan Kisku is a homicide committed by his wife, Kandani Murmu.
(3.) THE appellant has pleaded not guilty to the charges levelled against her and she claims herself to be innocent and to have committed no offence and she has been falsely implicated in this case on mere suspicion. It is also contended that her husband Sohan Kisku has died of all as a result of excessive drinking.;