- (1.) This appeal has been directed against the judgment of conviction and order of sentence dated 7th August, 2006 and 8th August, 2006, respectively, passed by learned 2nd Additional Sessions Judge, Jamshedpur in connection with Sessions Trial No.402 of 2004, arising out of Sakchi P.S. Case No.56 of 2004, corresponding to G.R. No.578 of 2004, whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) The prosecution case, as it appears from the Fardbeyan of Shyamal Bhattacharjee -P.W.3, recorded on 11th April, 2004, at 12:15 hours, near Kanchan Hotel, Ambagan, Sakchi, within Sakchi Police Station, East Singhbhum, in brief, is that on 11th April, 2004, at about 11:30 a.m. when the informant reached near a tea stall, he found a crowd assembled. To satisfy his curiosity he went there and found that his son -Debo Jyoti Bhattacharjee @ Bappa was lying dead, having injuries on his neck, abdomen, back etc. and blood was oozing from the wound. The people assembled at the place had apprehended the appellant -Ashok Kumar Singh with a knife in his hand. One hand of the appellant was also smeared with blood. In the meantime, the police patrolling party reached to the place and recorded Fardbeyan and lodged Sakchi P.S. Case No.56 of 2004 dated 11th April, 2004, corresponding to G.R. No.578 of 2004, under Section 302 of the Indian Penal Code against the appellant. The Investigating Officer after due investigation submitted charge sheet against the appellant. Accordingly, cognizance was taken and the case was committed to the Court of Session and registered as Sessions Trial No.402 of 2004.
(3.) The charge under Section 302 of the Indian Penal Code against the appellant was framed and it was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. The prosecution, in order to substantiate the charge, examined altogether six witnesses, including the informant, investigating officer and the doctor. Learned Additional Sessions Judge at the conclusion, placing reliance on the evidences and documents available on record, held the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced him as indicated above. Hence this appeal. ;