- (1.) THE sole appellant Maisa Paharaia @ Mahisa Paharia having been convicted for an offence under section 302 of the Indian Penal Code for committing murder of his wife Sundri Paharin was sentenced to undergo imprisonment for life.
(2.) THE case of the prosecution is that the informant Vijay Marandi (P.W.3) while was grazing cattle on 26.8.1989, saw a dead body of a female in the field, situated at village Samadhani. Thereafter he informed about it to one Bamna Paharia (P.W.2), a village Pradhan of village -Patwara, who came to the place of occurrence and identified the dead body as that of Sundri Paharin, wife of the appellant. Thereupon, he disclosed to the informant that on the previous night, he had seen both the husband (appellant ) and the wife (deceased) at Magdih Hatia where they had consumed liquor and by that time darkness had started setting in and, therefore, he (Bamna Paharia) requested them to come along with him to stay in his house in the night but the appellant did not accept his proposal by saying that he will be going to his in -laws' place but in the morning when he saw the dead body of Sundri Paharin, he made enquiry from the appellant, who disclosed that the deceased had consumed liquor previous night in the Hut with unknown persons and, therefore, he has committed her murder by pressing her neck through his leg. Thereafter, Vijay Marandi (P.W.3) gave his Fardbeyan (Ext.2) to the Officer -in -Charge of Littipara Police Station on 26.8.1989 at about 5.30 P.M, upon which the case was registered. One R.K. Ram (P.W.6), Investigating Officer having taken up the investigation of the case, came to the place of occurrence where he made inquest on the dead body and prepared an inquest report (Ext. 3) and sent the dead body for post mortem examination, which was conducted by Dr. Rajiv Kumar Verma (not examined). However, post mortem report (Ext.4) has been proved by one formal witness which shows that Doctor, who conducted the post mortem examination, found the following injuries. 1. Fracture of the left 4th and 5th ribs in the midclavicular line in front of the chest. 2. Fracture of the right 5th, 6th and 7th ribs in front on opening the chest cavity dark colour fluid seen in the cavity. Both the lungs were found punctured. Heart punctured. Liver punctured. 3. Fracture of the Thyroid cartilage and buried into the trachea. According to Doctor, death occurred due to injuries nos.1, 2 and 3 leading to massive Intra thoracis haemorrhage and respiratory arrest leading to shock.
(3.) AFTER completion of the investigation, police submitted charge sheet against the appellant whereupon cognizance of the offence was taken and in due course, when the case was committed to the court of sessions, charge was framed to which the appellant pleaded not guilty and claimed to be tried.;