AMARESHWAR SAHAY, J. - (1.) THE sale appellant has been found guilty for the offence under Section 304 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of 10(ten) years, by the judgment of conviction and order of sentence dated 21.2.2004 and 23.2.2004 respectively, passed by the learned Addl. Session Judge, Fast Track Court, Sahebganj, in Sessions Case No. 249 of 2002.
(2.) THE prosecution case in short is that on 1.1.2001 at about 4.00 P.M., the informant, Marangkuri Soren (P.W. 4) verbally informed the S.I., Ashif Beg of Borio Police Station that a week ago on last Tuesday a Panchaity was held with regard to theft of paddy of Boka Marandi and in the said Panchaity, a fine of Rs.1,400/ -(one thousand and four hundred) was imposed on her husband. Her husband Tilkai Marandi paid the fine to Boka Marandi. On the last Wednesday, when the informant had brought her husband to Banjhi for his treatment, at that time, the accused, Boka Marandi saw the informant and her husband near the shop of Bhaga (P.W. -3). Seeing them, the accused, Boka Marandi came there, assauited the informant by means of Sandie and her husband Tilkai Marandi was assaulted by means of fists and leg mercilessly by throwing him on the ground, due to which her husband became unconscious and also feel ill because of the said occurrence. The informant could not gat -him treated due to her poverty and thereafter ultimately, he died on 31st December, 2000. Thereafter, the first information report was lodged on 1 st of January, 2001. The Police after investigation submitted the charge -sheet and the appellant was put on trial. In order to establish the charges, altogether five witnesses were examined on behalf of the prosecution. P.W. 1, Bhagwat Marandi is the Doctor, who held the post mortem examination of the deceased, Tilkai Marandi. In his statement, the Doctor stated that on opening the skull bone of the deceased, he found subdurale haernatoma on his brain and this was due to the injury caused by hard and blunt substance such as 'Mukka' or Heel. This witness proved post mortem report to be Ext. 1. P.W. 2, Md. Kalimuddin Ansari is a formal witness. P.W. 3, Bhagawat Pd. Jaiswai is the owner of the shop and in front of which, the alleged occurrence took place and he corroborated the statement of the informant, Marangkuri Soren (P.W. 4). P.W. 4, Marangkuri Soren is the informant herself, who has categorically supported her statement made in the Fardbeyan and she narrated the entire occurrence before the Police, as to how her husband was assaulted by the appellant. P.W. 5, Awadhesh Kumar is the Investigating Officer.
(3.) ON behalf of the defence, three witnesses were also examined.;