- (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 7 th August, 2004 passed by 1st Additional Sessions Judge, Seraikella in connection with Sessions Trial Case no. 122 of 2003 corresponding to G.R. Case no. 353 of 2003, arising out of Adityapur P Case no. 125 of 2003, whereby the appellant has been held guilty for the offence punishable under sections 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/ - and in default of payment of fine, further rigorous imprisonment for six months.
(2.) The facts emerges from the fard -beyan of Gangadhar Majhi (informant), is that, on 27.5.2003 at about 10 p.m. the informant received message regarding death of his sister Parvati Devi, who was married with appellant Sona Ram Majhi. He came to know that his sister Parvati Devi has been killed by her husband Sona Ram Majhi (appellant) who had assaulted her by means of Lathi and Tangi. The informant rushed to the house of his sister Parvati Devi and found her dead lying on a cot. She was having multiple injuries on her person. He could learn from Pinki (daughter of deceased) that on petty cause of not providing food in time, the appellant Sona Ram Majhi has killed his wife Parvati Devi. The fard -beyan of informant Gangadhar Majhi was recorded at 00:45 hrs. on 28.5.2003 and a case being Adityapur P.S. Case no. 125 of 2003 dated 28.5.2003 U/Ss. 302,201 I.P.C. against the appellant was registered. The investigation was carried out, examination of witnesses were taken, inquest report was prepared, post - mortem was conducted on the dead body of Parvati and after securing attendance of the appellant, charge sheet was submitted and, accordingly, cognizance of the offence was taken and the case was committed to the Court of Sessions and registered as Sessions Trial Case no. 122 of 2003.
(3.) The charges U/Ss. 302, 201 I.P.C. against the appellant Sona Ram Majhi were framed, to which he pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether eleven witnesses including informant, doctor, investigating officer and the daughter of deceased. The learned Additional Sessions Judge placing reliance on the evidence and documents available on record, held the appellant Sona Ram Majhi guilty for the offence punishable under section 302 I.P.C. and sentenced him as indicated above. The appellant stood acquitted from the charge framed under section 201 I.P.C.;