D .G.R.PATNAIK,J. - (1.) This appeal is directed against the judgment of conviction dated 7.10.1996 and order of sentence dated 14.10.1996 passed in Sessions Case No. 286 of 1993, whereby the learned 5th Additional Sessions Judge, Dumka has convicted the appellant for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life. The case was registered on the basis of the fardbeyan of the informant Lakhiram Besra (PW6), father of the deceased, which was recorded on 18.4.1993 at 6.30 AM at the place of occurrence within the village Kothia. As per prosecution's case, the deceased (Pakku Besra) was married to the appellant in the year 1977 and a son was born to them who on the date of occurrence, was aged about eight years. On account of ill -treatment and frequent mental and physical torture indicted on her by her husband, she along with her minor son used to live mostly at the house of her father namely, the informant (PW6), although she used to make frequent visits to her matrimonial house at village Kothia. On 17.4.1993 she went to her matrimonial house. On the next morning at about 5.00 A.M., the informant received information from one Gulab Kisku (PW9) of village Kothia that his daughter (deceased) was done to death by her husband (appellant) with a stone. The informant immediately reached the house of the appellant where he found his daughter Pakku Besra lying dead in the house with injuries on her head, hand, chest and legs. Further case of the prosecution is that the incident came to the notice of the neighbouring resident namely Sonelal Murmu (PW7) who in the early hours of the morning at about 3.00 AM, had to accompany his wife to the nearby field, since his wife who was suffering from dysentery, had needed to ease herself. It was while returning that both of them heard cries of the deceased emanating from within the house of the appellant. They knocked at the closed door, but it was not opened. Thereafter, with the help of the village pradhan Bablu kishu (P.W.1) and other neighbouring resident namely, Sonelal Marandi and others, an axe was brought from the house of Sonelal Marandi, by which the door was broken open. On entering the house, the witnesses saw the appellant holding a heavy stone in his hand while the deceased was lying in a pool of blood on the ground. On being challenged, the appellant initially tried to resist threatening to assault and later managed to run away, but he was chased and caught by the villagers. Police arrived at the place of occurrence and recorded the fardbeyan of the informant and had also seized from the place of occurrence a heavy stone and pieces of a wooden handle of the domestic grinder, allegedly used for inflicting fatal injuries on the deceased.
(2.) PLEADING not guilty to the charges, the appellant had claimed innocence and of his false implication in the case. At the trial, as many as 13 witnesses including the informant, the doctor who had conducted the postmortem examination on the dead body of the deceased and other material witnesses were examined by the prosecution, though the investigating officer was not examined. Besides oral evidence, the prosecution had also adduced the informant's fardbeyan, the formal FIR, the inquest report and the seizure list.
(3.) MR . Arun Kumar, Advocate has represented the appellant and has assisted the court as Amicus Curiae, while Mrs. Chandra Prabha has represented the State.;