- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 24th April, 2007 and 25th April, 2007, respectively, passed by learned 1st Additional Sessions Judge, Jamtara in connection with Sessions Case No.91 of 2003/13 of 2004, arising out of G.R. No.210 of 2003, corresponding to Jamtara (Mihijam) P.S. Case No.99 of 2003, whereby the appellant has been held guilty for the offences punishable under Sections 452 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further rigorous imprisonment for seven years under Section 452 of the Indian Penal Code. He has further been directed to pay a fine of Rs.5,000/ - to be paid to the dependent of the deceased and in default of making payment of fine further to undergo rigorous imprisonment for three months. Both the sentences so passed were directed to run concurrently.
(2.) The fact, emerging from the Fardbeyan of Pattamani Baski (P.W.1), recorded on 23rd June, 2003, at 10:00 a.m., at Gandhi Ashram Badlao Foundation, Kewatjali, within Mihijam Police Station, District Jamtara, is that on 22 nd June, 2003 at about 4:00 p.m. the appellant armed with spade entered in the room of Bani Sarkar (P.W.5) and started committing mischief by causing damage to fridge and chair, kept in the room. When Ramni Paharin intervened and made a protest against mischief committed, the appellant became furious and gave two spade blows on the head of Ramni Paharin, as a result she sustained injury and fell down. Ramni Paharin was removed to hospital and from there she was shifted to P.M.C.H., Dhanbad for better treatment, but could not survive and died in the afternoon. Initially, on the basis of Fardbeyan of Pattamani Baski, Jamtara (Mihijam) P.S. Case No.99 of 2003 dated 23rd June, 2003 under Sections 452, 324, 307 and 427 of the Indian Penal Code was registered. Later on Section 302 of the Indian Penal Code vide order dated 25th June, 2003 was added. The investigation was carried out and after collecting evidence and material, charge sheet against sole appellant - Pradeep Besra was submitted. Accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Case No.91 of 2003.
(3.) Charges under Sections 452 and 302 of the Indian Penal Code were framed against the appellant to which he pleaded not guilty and claimed to be tried. To substantiate the charges, the prosecution has examined altogether eleven witnesses, including the doctor, namely, Dr. Shailendra Kumar (P.W.8), who had conducted autopsy on the dead body of Ramni Paharin, Ajay Kumar Singh -Investigating Officer (P.W.9) and Pattamani Baski -informant (P.W.1). The prosecution has further proved the documents like postmortem report, inquest report, seizure list, Fardbeyan, signatures of witnesses appearing on Fardbeyan as well as on the seizure list. Learned Additional Sessions Judge, at the conclusion of trial, placing reliance on the evidence and documents available on record, held the appellant guilty for the offences punishable under Sections 452 and 302 of the Indian Penal Code and inflicted sentence as indicated above.;