APARESH KUMAR SINGH, J. - (1.) HEARD learned counsel for the appellant and learned A.P.P. for the state.
(2.) THE sole accused - appellant herein on being convicted for the offence under Section 302 of the Indian Penal Code for committing murder of his wife - Pano Kisku and on being sentenced to undergo imprisonment for life with a fine of Rs. 100/ -, in default thereof,to further undergo imprisonment for a period of 10 days by the impugned judgment of conviction and order of sentence dated 28.8.2003 in Sessions Trial No. 327 of 2001 passed by learned Additional Sessions Judge, Fast Track Court No.IV, Giridih has preferred the instant appeal.
(3.) THE prosecution story leading to institution of F.I.R by the informant - Guda Kisku, father of the deceased being Gande P.S. Case No. 19 of 2001 under Section 302 of the I.P.C inter -alia is as follows: - The deceased, Pano Kisku along with her husband i.e. the accused Sona Lal Tudu had arrived at the informant's house at village Mednisara on the occasion of marriage of his son Mohilal Kisku,which was to be performed on 28.4.2001. After the marriage a quarrel took place between the husband and the wife and the accused Sona Lal Tudu decided to return to his home along with his wife. The other villagers namely Heman Hembram and Siru Hembram tried to make him understand but he returned along with his wife in an adamant manner. When being asked he stated that the cause of quarrel would be disclosed once he reaches his home. Thereafter, on 30.4.2001 at about 7 p.m. two persons from chapra village( village of the accused) informed the Informant that his daughter is serious and two doctors are treating her. Thereafter within 10 -15 minutes 3 persons came and informed that his daughter Pano Kisku has died. On the next day when the Informant along with other villagers went to Chapra village, he saw the dead body of his daughter on the cot, on perusal of which it appeared that the accused - appellant, Sona Lal Tudu had killed the deceased by strangulation. Thereafter, the instant F.I.R was instituted on his fardbeyan recorded on 1.5.2001 at 11.05 a.m. The accusedappellant was charge -sheeted and after the case was committed to the Court of Sessions, charge was framed under Section 302 of the I.P.C and the trial commenced. The prosecution has examined altogether 10 witnesses while 3 witnesses were examined on behalf of the defence. The inquest report, Fardbeyan, Formal F.I.R as well as Post Mortem report were also exhibited on behalf of the prosecution. Learned Trial Court found that since there were no eye witnesses to the occurrence, the prosecution story depended upon circumstantial evidence. After proceeding to scrutinize the material evidence adduced on the point of death of Pano Kisku by throttling available in the form of P.W.10, Dr. Prem Das who conducted the postmortem as also the postmortem report, the learned Trial Court after considerable analysis on the subject in line with the medical jurisprudence found no ambiguity about the cause of death i.e asphyxia due to throttling. Learned Trial Court also considered the depositions of the P.W.S and even the statement of the accused examined under Section 313 Cr.P.C which supported the fact that the accused and his wife had come to the house of the Informant to attend the marriage of his son Mohilal Kisku at village Mednisara which was to be held on 28.4.2001 and had also gone in Barat and returned on 29.4.2001. The learned Trial Court found from the statements of P.W.1 to P.W.7 that on 29.4.2001 after the Barat returned in evening there was some altercation between the accused and his wife, the cause of which however were not known to the P.W.s, though the accused had denied such altercation in his statement under Section 313 Cr.P.C. The learned Trial Court also found that the accused along with his wife had left the Informant's house for their village home on 30.4.2001 as per the statements of the P.W.s. On the same day in the evening information came to the Informant - father that his daughter was serious and thereafter she also died. The InformantP.W.7, Guda Kisku also stated that on account of lack of conveyance he could not go to his daughter's house in the night but on the next morning on 1.5.2001 the informant party went to the matrimonial house of his daughter, Pano Kisku where he found the dead body of his daughter, where after the police was informed. P.W.1, P.W.4 to P.W.7, all have stated that there was black mark on the neck of the deceased while P.W.1, P.W.4, P.W. 5 and P.W.7 also stated that blood was coming from mouth. P.W. 5 also stated that he found froth coming from her nostrils.;