LAKSHMAN URAON, J. - (1.) THE sole appellant has preferred this appeal against the judgment and order of conviction and sentence dated 21.6.1997 and 23.6.1997 respectively, passed by Sri Rameshwar Prasad Verma learned Sessions Judge, Godda, in Sessions Case No. 203 of 1995, whereby he has convicted the appellant for the offence under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code. However, no separate sentence has been awarded for the offence under Section 201 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the written information (Ext. 4) of Manchal Kumar Mishra, ASI, Godda Mofassil Police Station, wherein, he has stated that on 27.9.1995 Om Prakash Tiwary (PW 4) informed him that on the same day at about 5.30 p.m. he heard a sound of firing, coining out from the house of his neighbour Rajeshwari Singh of Pratapnagar, Godda. After sometime, Rajo Singh (appellant) closed the windows and doors of the house and the looked the outer gate. He has in perplexed condition and went towards east on the pitch road. His father Rajeshwari Singh, who was earlier posted at Godda, has been transferred to Purnea. Rajeshwari Singh also with his wife and other children had gone to Purnea one week prior to. the alleged occurrence and at home only the appellant Rajo Singh and his wife were residing. The informant (Manchal Kumar Mishra) entered S.D. Entry No. 464 dated 27.9.1995 at 19.00 hours and proceeded along with SI and other constables for verification. He at the same time informed the Officer -in -charge of Godda Town Police Station on telephone. At 19.10 hours he reached Pratapnagar and found all the windows and doors of the house of Rajeshwari Singh closed. No one responded from inside even on repeated calls. On the verandah there was a collapsible gate, having locked with two locks. In presence of Om Prakash Tiwary (PW 4), Roshan Kumar Singh (PW9), Dr. Hiranand Singh, Ram Briksh Pandit (PW 5), all of Pratapnagar, the locks were broken and when they entered into the middle room towards the western side the house, the house -hold articles were found scattered and on the floor by the side of dressing tables towards north -west corner, dead body of Kiran Devi (wife of the appellant) was found covered with chadar. She had sustained bleeding injury on her abdomen. On the left cheek also there was injury. The nearby persons informed that at 5.30 p.m. one sound of firing was heard by them. They saw the appellant Rajo Singh closing the windows and doors of the house and locking the gates. In that house only the appellant and his wife Kiran Devi were residing. On the basis of the aforesaid written information, Godda Town Police Station Case No. 226 of 1995 was registered and after investigation, charge sheet was submitted and charges under Sections 302 and 201 of the Indian Penal Code were framed against the sole appellant.
(3.) THE prosecution examined altogether seventeen witnesses to bring home the charges, levelled against the appellant, out of whom PW 1 Lal Babu Thakur, PW 2 Sansar Kotwal, PW 5 Ram Briksh Pandit, PW 6 Krishna Chandra Bhagat, PW 9 Roshan Kumar Singh, PW 10 Dip Narayan Pandit and PW 11 Jagdish Prasad Singh are hostile witnesses. PW 8 Dr Ashok Kumar, who was observer while conducting the post mortem examination by Dr. Narendra Kumar (PW 7), is a tendered witness. PW 3 Gopi Chandra Pandit and PW 4 Om Prakash Tiwary are the witnesses, who. had signed on the inquest report (Exts. 1 and 1/1 respectively). PW 4 Om Prakash Tiwary is also a witness on the seizure list on which he has signed (Ext. 1/2). PW 15 Shambhu Prasad Yadav is a formal witness, who has proved S.D. Entry No. 464 dated 27.9.1995 (Ext. 3) in the pen the signature of Manchal Kumar Mishra, on the statement of Om Prakash Tiwary. PW 16 Ram Baran Sah is a photographer, who took the photographs of the dead body, eight in number, which are material Exts. V to V/G. The material witnesses are PW 7 Dr. Narendra Kumar, who conducted the autopsy on the dead body of Kiran Devi and submitted post mortem report (Ext. 2) in his pen and signature, PW 12 Dilip Kumar Singh and PW 13 Chandra Bhan Singh, who are brother and father respectively of the deceased, PW 14 Manchal Kumar Mishra, ASI, who is the informant, and PW 17 Shaiyad Md. Ali Rijwi, Investigation Officer, who prepared inquest report (Ext. 6J.;