- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 11 th March, 2003 and 12th March, 2003, respectively, passed by learned Additional Sessions Judge, Fast Track Court -II, Pakur in connection with Sessions Trial No.129 of 2002/140 of 2002, corresponding to G.R. No.335 of 2002, arising out of Littipara P.S. Case No.28 of 2002, 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 fact, emerging from the Fardbeyan of Karmi Murmu, recorded on 26th June, 2002, at 14:15 hours, is that during previous night, at about 2:00 a.m., the informant woke up on hearing alarm raised by Merang Maie Tudu (deceased). It is disclosed that the informant has adopted the appellant - Sual Hembrom as her son and the appellant was living with his wife -Merang Maie Tudu with the informant. After the informant woke up, she saw the appellant causing assault to his wife -Merang Maie Tudu by means of club. When the informant wanted to intervene, she was threatened. Somehow the informant escaped from the place and collected the villagers to save the life of Merang Maie Tudu, but till then the appellant bolted the house from inside. When the villagers assembled and wanted to extend help to Merang Maie Tudu, the appellant jumped out of the window and fled away. On the basis of Fardbeyan of Karmi Murmu, Littipara P.S. Case No.28 of 2002 dated 26th June, 2002 under Section 302 of the Indian Penal Code against the appellant was registered. The police after due investigation submitted charge sheet and, accordingly, cognizance was taken and case was committed to the court of sessions and registered as Sessions Trial No.129 of 2002.
(3.) Charge under Section 302 IPC against the appellant was framed to which he pleased not guilty and claimed to be tried. The prosecution, in order to substantiate the charge, has examined eight witnesses, including the doctor, Investigating Officer and the informant. Learned Trial Judge considering the evidences and documents available on record held the appellant guilty for the offence punishable under Section 302 IPC and inflicted sentence as indicated above.;