- (1.) THE appellant was put on trial on the accusation of committing murder of Surji Paharin. The trial court having found the appellant guilty for the charges, convicted him for the offence punishable under Section 302 of the Indian Penal Code vide its judgment dated 30th August, 2004 and sentenced him to undergo imprisonment for life vide its order dated 7th September, 2004.
(2.) THE case of the prosecution as has been projected in the Fardbeyan (Ext. -2) is that the informant Mangi Paharin (PW -4), the daughter of the deceased, Surji Paharin, had been married to Marcush Malto, who has been living with his wife Mangi Paharin in the house of the deceased as "Ghar Jamai". On 20/11/2002 at 05.30 P.M., while the informant Mangi Paharin (PW -4) was cooking food in the courtyard where her mother Surji Paharin (deceased), her Bua Bamni Paharin (PW -5) and sister Chaiti Paharin (PW -7) were present, the appellant Dharma Paharia came with 'Axe' and started accusing the deceased of playing witch craft on account of which he is having pain over his stomach and legs. By saying so he gave 'Tangi' blows on the head of the deceased with its back portion as a result of which the deceased sustained injuries and fell down. When the informant and other persons, present over there, tried to rescue the deceased while she was being assaulted by the appellant, the appellant tried to catch hold of them but all the three persons, i.e. the informant (PW -4), her Bua (PW -5) and her sister (PW -7) fled from there to some distance from where they saw the appellant assaulting the deceased. When the appellant left the place, the informant and other persons came near the deceased and found her dead. Since it was night, the informant did not inform to the police station. However, the Officer -in -Charge of Littipara Police Station received information on the next day, i.e. on 21/11/2002 at about 09.00 A.M. that one woman has been killed at Village Bada Margo. On receiving such information, he entered into it in station diary and left for the place of occurrence where he reached at about 11.15 A.M. There he recorded the fardbeyan of the informant Mangi Paharin (PW -4), wherein she stated about the incident as has been stated above. On the basis of the said fardbeyan the case was registered and a formal FIR (Ext. -4) was drawn. The said Officer -in -Charge of Littipara Police Station namely Raju (PW -8) took up the investigation, during which he held inquest on the dead body of the deceased and prepared an inquest report (Ext. -3). Thereupon, he sent the dead body for post -mortem examination, which was conducted by Dr. Vijay Kumar (PW -1), who, on holding autopsy on the dead body, did find the following ante mortem injuries on the person of the deceased: - "(i) Lacerated wounds of various sizes such as 2" x 1 1/2", 3/4" x 1/4" and 2" x 1" all bone deep over forehead on right side with blood and blood clot around and over the wound. (ii) Bruises of 2" x 1" and 1" x 1/2" over forehead and around left eye." On dissection of skull there was fracture of frontal bone on right side and meninges was torn with blood and blood clot over it. The right frontal lobe of brain was torn with blood and blood clot on and around it. The Doctor issued Post Mortem Examination Report (Ext. -1) with an opinion that the death was caused due to injury to the vital organs such as brain leading haemorrhage and shock.
(3.) MEANWHILE , the Investigating Officer recorded the statements of the witnesses and made inspection of the place of occurrence where he did notice blood being spilled over the earth.;