ANANDA SEN,J. - (1.) The accused has been convicted in this case under section 325 of the Indian Penal Code. Challenging the said conviction in S.C. No. 40 of 2002, passed by 5th Addl. Sessions Judge, Godda dated 10.02.2003, this appeal has been filed.
(2.) One Ram Khelawan Sah gave his statement before the police on 20.09.1992 at 12.30 hours, stating therein that he is a cook and works in a hotel of Anil Bhagat at Mohanpur Chowk. As usual, On 20.09.1992 at about 06.30 in the morning, he proceeded for hotel where at about 10 hours, he received information about assault at his house and then he went to his house by a Maxi where he found his daughter Mini Kumar in unconscious condition having injury over left eye and bleeding from her head. On inquiry, he came to know that his another daughter Pramila Kumari aged about 7 years, went to take a bath in canal where some quarrel took place between her and the children of Fani Sikdar. The children of Fani Sikdar returned weeping and told that Pramila was drowning them. On this, sister of Fani Sikdar, his mother and wife abused them by that time some child called Fani Sikdar, who armed with Lathi, came there chased the wife of the informant with intention to assault, who being afraid, bolted the door from inside leaving her daughter Mini Kumari outside, who was watching the occurrence. The accused then said to kill the daughter. Consequently, the sister, mother and wife of the accused Fani Sikdar first caught hold of the daughter of the informant and then Fani Sikdar assaulted her by Lathi due to which she received injuries as described above. Some villagers came there to rescue, who have seen the incident.
(3.) On the basis of the aforesaid fardbeyan, Mahagama P.S. Case No. 90 of 1992, was instituted under Sections 341, 342, 323, 307/34 of the Indian Penal Code.;