- (1.) This appeal is directed against the judgment of conviction dated 7th September, 2004 and order of sentence dated 9th September, 2004 passed by learned Addl. District & Sessions Judge, Fast Track Court No.I at Chaibasa, in Session Trial No.208 of 2003 whereby the appellant, having been found guilty of the charge under Section 302 of the Indian Penal Code, has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1000/- for the offence under Section 302 of the Indian Penal Code and in default, he has further been sentenced to undergo rigorous imprisonment for two months.
(2.) The case of the prosecution is that on 23.09.2003, Shri Abhay Shankar (P.W.11) Officer-in-Charge of Goilkera Police Station, had received information at police station that one woman who sustained serious injuries, was hospitalized at Goilkera Referral Hospital and her treatment was going on. Thereafter, he reached at Referral Hospital at about 3.15 P.M. and found that one injured lady was lying. He recorded the fardbayan of Village Munda namely, Pyare Lal Boipai (P.W.1) in presence of the witnesses and registered Goilkera P.S. Case No.31 of 2013 for the offences under Sections 325, 326 and 307 of the Indian Penal Code. In the Fardbeyan, it is alleged that the husband (present appellant) of the deceased, assaulted the deceased-Menjo Kui with iron rod on her head, as a result of which, she fell down on the ground and thereafter, the deceased was shifted to the Hospital with the help of the villagers and the villagers also caught hold of the accused/appellant and brought him to the police station. Thereafter injured succumbed to her injury and the case was converted into a case under Section 302 of the Indian Penal Code.
(3.) The police took up the investigation and after completion of the investigation, ultimately filed charge sheet against the present appellant under Section 302 of the Indian Penal Code and thereafter, cognizance of the offence was taken against the present appellant. The plea of the defence is completely denial of the allegation.;