Kailash Prasad Deo, J. - (1.) Heard learned Amicus Curiae Mr. Mahadeo Thakur and learned counsel for the State Mr. Pankaj Kumar, Additional Public Prosecutor.
(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 18.11.2011 and order of sentence dated 19.11.2011 passed by learned Principal District and Sessions Judge, Pakur in Sessions Case No. 42 of 2008, whereby the sole accused Lumbey Murmu alias Lambu Murmu has been held guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 2000/-, in default of payment of fine, the appellant shall further undergo rigorous imprisonment for 6 months.
(3.) The prosecution case is based upon Fardbeyan of Thakran Murmu (P.W.11) wife of Late Lukhiram Hansda (deceased) recorded by S. I., Kumar Saryu Anand, Officer-In-Charge, Littipara Police Station on 9.1.2008 at 7.30 Hrs., near the house of the informant. The informant has alleged that her husband Lukhiram Hansda aged about 50 years went to purchase tobacco from the shop of co-villager, Hari Sah (P.W.1) and at around 12.00 in the noon, he was brought by co-villager, Kunwar Hembrom alias Gurdha (P.W.3), son of Kansu Hembrom by holding his hand. At that time the husband of the informant was crumbling in pain, who disclosed that near the village pond, Lumbey Murmu alias Lambu Murmu (appellant) son of Bhagal Murmu alias Bhagan Murmu, resident of village- Baru, P.S. Littipara has assaulted him by means of stone at around 11.30 a.m. on his abdomen and chest and also pressed the neck. The husband of informant slept in the Varanda and since there was no person in the house, he could not be taken for treatment. After remaining in pain for sometime, at around 5 p.m., the husband of the informant, Lukhiram Hansda died. The informant has stated that the occurrence has been witnessed by the co-villager, Kunwar Hembrom alias Gurdha (P.W.3), Dular Tuddu (P.W.2) and Hari Sah (P.W.1) by their own eyes and they will disclose about the occurrence. Informant has further stated that her husband has no dispute with Lumbey Murmu prior to this and because of hot exchange of words near the pond as disclosed by her husband and other persons, the appellant Lumbey Murmu has assaulted husband of the informant by means of stone on his abdomen and chest and also pressed the neck, who subsequently died in the evening.;