ANANDA SEN,J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 08th June 2006 and 09th June, 2006 respectively, passed by Sri Anand Kumar Gupta, the learned 2 nd Additional Session Judge, Gumla in Session Trial No. 63 of 2004, arising out of Raidih, whereby and whereunder, the learned trial court having found the sole appellant guilty for committing murder, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) The brief facts of the prosecution as per written statement of the informant Vikash Mallah @ Jhora is that at the night of 11.12.2003 he slept with his family members in his house. The mother of the informant, the deceased namely Lodo Devi, three brothers, one sister and father were sleeping. The informant was sleeping in another room. In the morning at about 5 O'clock on 12.12.2003 his younger brother Krishna raised alarm, hearing which, he woke up and went to his mother's bedroom and saw that his father Topa Mallah @ Jhora was standing with an iron sabal (an iron crowbar or lever) in his hand, which was blood stained. His mother (namely Lodo Devi) was lying dead on the bed with head injury. The informant went to his aunt (elder aunt/Bari Maa), namely, Sukra Devi and told her that his father killed his mother by giving a blow from iron Sabal. Then, his aunt (elder aunt) and nearby people assembled hearing hulla. The persons residing in nearby areas/neighbours, then cought hold of his father. According to the informant, the bone of contention between his mother and father were as to why his sister Asha Kumari has been sent to Delhi for working. On the basis of the said written report, an FIR being Raidih was registered for the offence under Section 302 IPC.
(3.) After completion of investigation, the Investigating Officer submitted chargesheet against the appellant under Section 302 IPC. The case was committed to the Court of Session. Charge was framed under Section 302 IPC against the sole accused, which was read over and explained to him, but the accused pleaded innocence and claimed to be tried.;