H.C. Mishra, J. - (1.) Heard learned counsel for the appellant and the learned counsel for the State.
(2.) The sole appellant is aggrieved by the Judgment of conviction and Order of sentence dated 9.10.1991, passed by learned 2nd Additional Judicial Commissioner, Ranchi, in Session Trial No. 439 of 1989/2 of 1990 whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code for committing the murder of a girl, namely, Hamida Khatoon, and upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment and a fine of Rs.50/-.
(3.) According to the prosecution story, the appellant was the tenant in the house of the informant, in the portion situated across the courtyard. On 13.2.1989 at about 9:15 PM, the informant heard the screams of his daughter Jahida Khatoon from the courtyard crying that Ismail Bhaiya (the accused appellant) had assaulted her sister Hamida by knife. The informant came out of the house and saw that Ismail was attempting to inflicted the knife blow upon himself also, and he saw Hamida injured and she was bleeding. Thereupon, she was brought to a nursing home at Harmu and in the morning, she was taken to RMCH, where in course of treatment, she died. The post mortem examination of the dead body of the deceased was conducted and thereafter the dead body was cremated. It is stated in the FIR that the brother of the informant, namely, Md. Nizam Khan had also given the statement before the Bariatu police at RMCH. After the cremation of the dead body, the fardbeyan of the informant was recorded on 14.2.1989 at 21 hours, on the basis of which Argora P.S. Case No.56 of 1989 was instituted on 15.2.1989 and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;