- (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 3rd July, 2003, passed by learned Addl. District and Sessions Judge, Fast Track Court -III, Garhwa., in Sessions Trial No.29 of 2000 whereby and whereunder the trial court, having found the appellant guilty for committing murder of his wife -Saro Devi, convicted for the offence punishable under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act and sentenced him to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for three years for the offence under Section 27 of the Arms Act.
(2.) THE case of the prosecution is that while the informant Mahabir Singh (P.W.2) was sitting by the side of the house of the appellant -Gyani Singh at about 4 P.M. on 26.12.1998 along with other persons, namely, Nanhak Singh (P.W.5), Bhushan Singh (not examined), Ramchandra Singh (P.W.6), Tribhuvan Singh (P.W.1) and Dev Kumar Singh (P.W.4), they heard sound of firing coming from the house of the appellant -Gyani Singh. Thereupon, the informant, when came to the house of the appellant, he found Gyani Singh, holding a gun in his hand and his wife was lying dead. When the informant asked the appellant as to why he has killed his wife, the appellant told the informant that he has killed her as she was a woman of easy virtue.
(3.) THEREAFTER , when other persons came, they apprehended the appellant and brought at the police station where Mahabir Singh (P.W.2) gave his Fardbeyan (Ext.7) to that effect as stated above, which was recorded by the Officer -in -Charge, Bhandaria Police Station on 26.12.1998 at 7.00 P.M. on the basis of which, a formal First Information Report (Ext. 6) was drawn. During investigation, the I.O. -Manohar Ram held inquest on the dead body of the deceased and prepared a inquest report over which P.W.5 Nanhak Singh made his signature, which has been proved as Ext.3/1. Thereupon the dead body was sent for its postmortem examination, which was conducted by P.W.7 -Dr. Ajay Kumar Jha, who found the following injuries: - (i) Lacerated wound 2"x1/4"xbone and brain cavity deep left temporal region of scalp with inverted margin with blackening of skin and synzing of scalp hair along with fracture of left temporal bone (wound of entry). (ii) Lacerated wound 3 -1/2"x3" with everted margin and deep up to the entry wound with presence of blood and blood clots with facture of right maxillary upper molar and pre -molar teeth (wound of exit) (iii) Lacerated wound 2"x1" x bone and muscle deep with fracture of bones of fore -arm near right wrist joint. (iv) Lacerated wound 2"x1 -1/4" x bone and muscle deep over left palm with fracture of left metacarpal bone of left little finger with persons and blood and blood clots. The Doctor issued postmortem examination report (Ext.5), with an opinion that death was caused due to shock and hemorrhages on account of injury mentioned above. Further it has been opined that the injury Nos .i and ii were caused by fire arm whereas injury Nos.iii and iv were caused by hard and blood substance. ;