- (1.) THIS appeal is directed against the judgment of conviction dated 05/09/2003 and order of sentence dated 10/09/2003 passed by the additional Judicial Commissioner in Sessions Trial No. 224 of 2002 whereby and whereunder the court having found the appellant guilty for committing murder of his wife Dimbu Purti, convicted him for the offence punishable under section 302 of IPC and sentenced him to undergo imprisonment for life.
(2.) THE case of the prosecution is that the appellant had two daughters Rupan Kumari and Sinee Kumari. Rupan Kumari had gone to Punjab for earning her livelihood whereas Sinee Kumari was residing with the appellant and her mother, Dimbu Purti. In the night of 15.04.2002, the appellant his wife and daughter Sinee Kumari (P.W. 4) took their meals and then Sinee Kumari retired to bed. About 12 O'clock in the night, the appellant who was in the state of intoxication assaulted over the head of his wife, while she was sleeping, with 'sawal' as a result of which the skull got fractured into pieces. She died instantaneously. On the next day i.e. 16.4.2002, the then officer incharge of Murhu police Station Mr. Deobrat Poddar came to the place of occurrence at about 11 O'clock and recorded the Fardbeyan (Ext. 3) of Sau Munda father of the appellant, wherein he narrated the story as has been stated above, on the basis of said Fardbeyan a formal FIR (Ext. 4) was drawn and the matter was taken up for investigation. During investigation, the I.O. seized 'sawal' having blood stain over it as well as earth smeared with blood under seizure list Ext. ¼ and Ext. 6 respectively.
(3.) THE I.O. having prepared the inquest report sent the dead body for postmortem examination, which was conducted by doctor, Dr. Pawan Kumar Dutta, P.W. 8. On holding autopsy the doctor did find the following injuries: (i) Injuries were found on the right side of parietal side 6" x 4" x 4" both parietal and occiperital bones were found broken; Brain matters were found protruded out not remaining in skull.;