- (1.) This criminal appeal is directed against the judgment of conviction dated 3-1-2009 and order of sentence dated 7-1-2009 passed by the learned Additional Sessions Judge, Fast Track Court No. II, Giridih in Sessions Trial No. 410 of 2006 whereby the appellant herein has been convicted under Section 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life under the aforesaid section of the Indian Penal Code.
(2.) The prosecution case, as has been projected on the basis of fardbeyan of the informant-Etwari Mohuli (P.W. 8) on 23-5-2006, before the officer-in-charge, Pirtand Police Station is that, on 22-5-2006, the date on which his daughter namely Sadari Devi came to his house, after having returned a frock purchased for her sister-in-law (Nanad) Adhani Kumari aged about 7 years, since her husband, the present appellant had disapproved the frock because of the exorbitant price than the actual price. It has been alleged that after some time the informant's son-in-law i.e. the present appellant came to his house and asked for money given to his wife for purchase of the said frock, whereupon Sadari Devi told him that she has already spent some money. Thereafter, this appellant started demanding the entire money given to her, which ensued hot exchange of words. Later on, the matter was pacified and the informant told the appellant that he would give the money spent by her daughter and gave rupees five to her daughter. Thereafter, the appellant and his wife (deceased) went to their house. It has further been alleged that on 22-5-2006 at about 7 p.m., the informant's son told him that the appellant has killed Sadari Devi (deceased daughter) by inflicting tangi blows, causing severe injuries on her person and thereafter fled away. Thereafter, the informant went to the house of his daughter and found her dead body in the house. It has further been alleged that the informant enquired from nearby persons, who informed him that his son-in-law committed murder of his daughter between 5 p.m. and 6 p.m. On the basis of fardbeyan of the informant, an FIR was lodged. Pirtand P.S. Case No. 21 of 2006 was registered under Section 302 of the IPC against the appellant and investigation was conducted.
(3.) On completion of investigation, the police submitted charge-sheet against the appellant. Accordingly, cognizance was taken against the appellant and the case was committed to the Court of sessions. Ultimately, the case was transferred to the Court of learned Additional Sessions Judge, Fast Track Court No. II, Giridih for trial.;