S.J.MUKHOPADHAYA, J. - (1.) THIS Criminal Appeal has been preferred by appellant Kisto Singh Munda alias Kisto Munda against the judgment and order of conviction and sentence both dated 5th June, 1996, passed by the learned Additional Sessions Judge, Seraikella, Singhbhum (West), in Sessions Trial No. 232 of 1993, whereby and whereunder, the appellant has been convicted for the offence under Sec.302 of the Indian Penal Code and sentenced to undergo imprisonment for life for the alleged offence for committing murder of his pregnant wife.
(2.) THE prosecution has arisen on the basis of fardbeyan of one Dhananjay Singh Munda (PW 1), brother of deceased Purni Mundain (wife of the appellant), lodged on 19th April, 1993 at 3.00 p.m., wherein he has alleged that his younger sister Purni (deceased) was married about 10 -12 years ago with the appellant Kisto Singh Munda and they have a daughter, aged about 6 -7 years, who is known as Rajeshwari. It was further stated that on the said day i.e. 19th April, 1993 in the morning when he was in his house, his co -villager Hikim Singh Munda (PW 3) told him that his sister Purni has been murdered by his brother -in -law (appellant) in his house. Having got such information, when he along with Jailal Singh Munda (PW 4) went to the house of his brother -in -law (appellant), he found his sister Purni lying on the floor and blood was oozing out of her nose, ear and mouth and was taking last breath. At the place of occurrence, neither his brother -in -law (appellant) nor any other person was present. Thereafter, he along with Jailal (PW 4) proceeded to call doctor and asked his wife Chaiti Mundain (PW 10) to remain there. When they came back to the village along with the doctor, his wife told him that Purni had died in the meantime. The doctor had to return back and the information was given to the chowkidar for reporting the matter to the police. A First Information Report was registered on 20th April, 1993 at 7.00 a.m. and Ichagarh Police Station Case No. 13 of 1993 was registered for the offence under Sec.302 of the Indian Penal Code against the appellant. After investigation, charge -sheet was submitted against the appellant for the offence under Sec.302 of the Indian Penal Code and charge was framed accordingly, which was read over and explained to the appellant in Hindi, to which he pleaded not guilty and claimed to be tried. The prosecution, in order to substantiate the charges, levelled against the appellant, has produced altogether ten witnesses. PW 1 Dhananjay Singh Munda (informant) is the brother of the deceased; PW 2 Keshowati is the wife of younger brother of Hikim Singh; a neighbour and PW 3 Hikim Singh Munda is a co -villager i.e. brother -in -law of PW 2 Keshowati, who claims himself to be an eye -witness of the alleged occurrence. While PW 4 Jailal Singh Munda and PW 5 Thakur Singh Munda have been tendered by the prosecution, PW 7 Bhupen Munda has been declared hostile at the instance of the prosecution. PW 6 Dr. Yogendra Nath has conducted autopsy on the dead body of Purni Mundain and has prepared Post -mortem Report (Ext. 2). PW8 Ghasi Ram Munda is a seizure list witness. PW 9 Budhni Mundain is the mother of the appellant whereas PW 10 Chaiti Mundain is the wife of the informant i.e. sister -in -law (Bhabhi) of the deceased.
(3.) PW 1 Dhananjay Singh Munda and his wife PW 10 Chaiti Mundain, both of them have claim that on Monday morning in the month of Baishakh, Hikim Singh Munda (PW 3) came to their house and informed that Purni has been murdered in the house of the accused. According to PW 10, Hikim Singh Munda also disclosed the name of Kisto Singh Munda (appellant). During the cross -examination, PW 1 Dhananjay Singh Munda (informant) has stated that he has made statement before the Daroga in the house of his sister (deceased) but he signed the same in Thana. However, in the First Information Report, he has stated that he had given the statement in Thana. He has accepted that he had not signed the fardbeyan in the house of his sister, though he has stated that he had made the statement at the place of occurrence. He has further stated that he had not asked the chowkidar to inform the police, though in the fardbeyan he has stated that he informed the matter to the chowkidar to report the same to the police. PW 1 has been neither stated that he had seen the occurrence nor has stated as to who murdered Purni. He has simply stated that Hikim Singh Munda informed that her sister has been murdered and thereby asked him to proceed to see her.;