D.G.R.PATNAIK, J. - (1.) THE appellant was charged with, tried and convicted for offences under Sec. 302 of the Indian Penal Code, by the learned Additional Sessions Judge, Rajmahal in Sessions Trial No. 190 of 1998 and was accordingly sentenced to undergo life imprisonment.
(2.) THE gist of the charge is that on 2.3.1998, the appellant had killed his own wife, namely, Hopenmai Murmu at his own house situated at village Khokhrotola, P.S. Rajmahal within the District of Sahibganj. The case was registered on the basis of the fardbeyan (Ext. 3) of the informant Shibu Murmu (PW 6) recorded at 2.45 p.m. on 3.3.1998. Formal FIR was however drawn and the case was registered on 4.3.1998. After recording the fardbeyan, the police officer had conducted inquest in respect of the dead body of the deceased and prepared inquest report in presence of the witnesses whereafter he forwarded the dead body to the hospital for post -mortem examination. Autopsy was conducted by Dr. N.K. Jha (PW 5) on 4.3.1998. The observation which he made while conducting post -mortem examination was recorded by him in the post -mortem report (Ext. 1) which mentions the following ante -mortem injuries found on the dead body of the deceased: (i) lacerated wound on upper lip measuring 1/2" x 1/2" x 1/2"; (ii) lacerated wound over left temporal scalp 3" x 1/2" scalp deep; (iii) lacerated wound over left temporal scalp 2 -1/2" x 1/2" x scalp deep; (iv) lacerated wound over right scalp 2 -1/2" x 1/2" scalp deep; (v) multiple fractures on skull; (vi) haemorrhage and clot inside brain substance was found on dissection; The above noted ante -mortem injuries, in the opinion of the doctor, were caused by hard blunt substance and death of the deceased was caused on account of haemorrhage inside the skull due to injury Nos. (v) and (vi) which were sufficient in the ordinary course of nature to cause death of the deceased. The doctor had further opined that time elapsed since death till post -mortem examination was within twenty four hours.
(3.) THE prosecution case is that on 3.3.1998 at about 11.00 a.m. when the informant Shibu Murmu (PW 6) was at his house, one Tala Hembrom (PW 8) came to him and informed that his brother -in - law (Som Hembrom) had brutally assaulted his wife, Hopon Mai Murmu and had brought her to his (Tala Hembrom's) house at 11.00 p.m. in the night and after sometime, she had died. He also informed that the villagers had caught hold of Som Hembrom (appellant) and had detained him. On this information, the informant Shibu Murmu (PW 6) went to the house of the village Headman Jhore Hembrom at village Khokhro Tola where he saw the dead body of his sister. The appellant Som Hembrom was also present there whom the villagers had detained. The police arrived and recorded his fardbeyan.;