- (1.) THIS appeal is directed against the judgment and order of conviction and sentence passed in Sessions Trial No. 33 of 2000 whereby and whereunder the appellant having been found guilty for committing murder of Kandani Devi has been convicted for the offence punishable under section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and further to pay a fine of rupees five thousand and in default, to undergo rigorous imprisonment for six months.
(2.) THE case of the prosecution is that in the morning of 01.08.1999 while the mother -in -law of the informant was sitting outside near the door of the kitchen and the informant was about to leave home for taking fertilizers to her field, the appellant came with a tangi and started abusing the mother -in -law of the informant. On seeing this, the informant (PW1) hided herself and saw the appellant assaulting the deceased with the tangi on her neck. The neck was almost severed off the body. Therafter, the appellant washed off the tangi which was smeared with blood. Meanwhile, the informant raised alarm. On hearing alarms, Sita Ganju (PW 3) and other witnesses came over there and they saw the appellant washing off the tangi. On such accusation, the case was lodged by PW 1 which was registered as Itkhori P.S. Case No. 71 of 1999 under section 302 of the Indian Penal Code against the appellant.
(3.) THE matter was taken up for investigation. During investigation, the Investigating Officer, who has not been examined in this case, prepared inquest report (Exhibit P5) and sent the dead body for post mortem examination which was done by Dr. Satyendra Kumar Choudhary. On holding autopsy, the doctor did find the following ante mortem injuries : - "The neck at the level of thyroid cartilage sharply cut transversely cut from anterior aspect to the posterior aspect. The vein, muscles, tissue, trachea, oesophagus, vessels and bone (verterbra) are cut sharply." According to the doctor, death of the deceased was caused due to shock and haemorrhage on account of the above noted injuries caused by hard and sharp cutting substances. The post mortem report has been proved as Ext. P/2. On completion of the investigation, chargesheet was submitted upon which the cognizance of the offence was taken against the appellant. Upon commitment of the case, the appellant was put on trial to face the charge of committing murder of the deceased Kandani Devi.;