ANANDA SEN,J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 05th June 2007, passed by Sri Rajendra Kumar Jumnani, the learned XXth Additional Judicial Commissioner, Ranchi in Session Trial No. 512 of 2004, arising out of Chanho P.S. Case No. 63/2004, corresponding to G.R. No. 2613 of 2004, whereby and whereunder, the learned trial court having found the sole appellant guilty for committing murder, convicted her for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to undergo imprisonment for life and to pay a fine of Rs. 2000/-. In default of payment of fine, she was further directed to undergo one month imprisonment.
(2.) The prosecution case is based upon the fardbeyan of one Sunder Devi (P.W.3). She stated that she along with her husband and four children were residing in a house situated in village Choreya. It is also stated that she resides with her agnates having a common courtyard. On the day of Sawan Purnima, Basanti Devi @ Guriya, the daughter-in-law of her agnate, Banwari Ram had alleged that Rani Kumari, the daughter of the informant had committed theft of slippers and jaggery. After such allegation, the relationship between the informant and said Basanti Devi @ Guriya turned sour. On 2.9.2004, the informant and her husband had left their house for earning, leaving their small children in the custody of their eldest daughter. Her six years old son had gone to school. In the evening when the informant was returning to her house, one child of the village informed her that her daughter is missing and everyone is searching her. The informant became nervous and rushed to her house. Her elder daughter, Rani informed her that the accused Guriya Bhabhi snatched her younger daughter Rina from her lap and assaulted her with cow dung cake. Thereafter on hearing that, the informant started crying and searched her daughter. In course of such search, Rina was found in the room of the accused-appellant, Basanti Devi and her husband - Mukesh Ram, in dead condition. The door of the room was also closed. It is stated in the FIR that the accused snatched the girl and committed murder by throttling her neck and thereafter left the house. On the basis of the aforesaid information, Chanho P.S. Case No. 63/2004 dated 3.9.2004 was registered for the offence under Sections 302 and 201 of the Indian Penal Code.
(3.) After completion of investigation, the Investigating Officer submitted chargesheet against the appellant under Sections 302 and 201 I.P.C. The case was committed to the Court of Session. Charges were framed under Sections 302 and 201 I.P.C. against the sole accused, which was read over and explained to her, but the accused pleaded innocence and claimed to be tried.;