- (1.) By Court: This Criminal Appeal has been preferred by appellant from jail against the judgment of conviction and order of sentence dated 19th September, 2005, passed by 1st Additional Sessions Judge, Pakur in connection with Sessions Case no. 154 of 2004 corresponding to G.R. Case no. 341 of 2004 arising out of Pakur (M) P Case no. 160 of 2004, whereby the appellant has been held guilty for the offence punishable under sections 302 and 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for one year u/s 302 Indian Penal Code and further sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/ - and in default of payment of fine further imprisonment for three months u/s 325 Indian Penal Code.
(2.) The case of the prosecution as it appear from the fard -beyan of Chhitta Marandi recorded on 28.8.2004 at 6:00 hrs. at village Dharsundi within P Pakur (Muffasil) is that one day prior to the date of recording of fard -beyan i.e. on Friday appellant Babesh Murmu caused assault to Gurgu Murmu (husband of informant) by means of iron rod causing injury to Gurgu Murmu. Further blow of iron rod was inflicted on his leg. When the informant came to rescue her husband she was also assaulted by means of iron rod and she sustained fracture injury on her hand. The reason behind the occurrence has been assigned that appellant Babesh Murmu and deceased Gurgu Murmu are own brothers and Gurgu Murmu (deceased) had been alleging that the appellant had eaten a chicken belonging to him. On the basis of fard -beyan Pakur (Muffasil) P Case No. 160 of 2004 under sections 302,307 Indian Penal Code was registered. The Police after due investigation submitted charge sheet and accordingly cognizance of the offence was taken and the case committed to the Court of Sessions and registered as Sessions Case no. 154 of 2004.
(3.) The appellant stood charged for the offence punishable under section 302 and 307 Indian Penal Code. Contents of the charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.;