CHANDRASHEKHAR,J. - (1.) The sole appellant has challenged the judgment of conviction under section 302 IPC and section 449 IPC dated 03.07.2008 and the order of sentence of R.I. for life and fine of Rs.20,000/- under section 302 IPC and R.I. for 10 years and fine of Rs. 10,000/- under section 449 IPC dated 05.07.2008 passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Sessions Trial No. 234 of 2007.
(2.) The informant of this case, namely, Raimuni Purty is the wife of Dubrai Purty, the deceased. On the fateful day, on 14.06.2007, at about 6 p.m., Dubrai Purty was taking rest on a cot at the Varanda of Sona Ram Purty, a witness in this case. The informant has stated that it was drizzling in the evening and she was cooking meal on her Varanda. Suddenly, the accused Bandhu Purty armed with Kulhari entered the house of Sona Ram Purty and pulled her husband down and started assaulting him with Kulhari. Her husband Dubrai Purty died on the spot after sometime. When she raised cries, several persons came there, however, the appellant managed to flee away. The informant has stated that the accused Bandhu Purty told that he has taken revenge for the murder of his daughter. She has asserted that the appellant had previously also tried to assault her husband. On the basis of fardbeyan of Raimuni Purty, Muffasil P.S. Case No. 89 of 2007 was registered under sections 302 and 449 IPC.
(3.) During the trial, the prosecution has examined 9 witnesses; the informant is P.W. 8 and the Investigating Officer has been examined as P.W.9. The prosecution witnesses-P.W. 1, P.W. 3 and P.W. 7 are witnesses to seizure list and the inquest report. P.W. 4 is the doctor who has conducted post-mortem examination over the dead body of Dubrai Purty. The doctor has found the following injuries on Dubrai Purty:- "(i) On left temporal region of head, a large lacerated wound was found. The dimension of the wound was 4"?x3-1/2"?x deep to bone. (ii) A large lacerated wound on the right temporal region of head was found with dimension of 2"?x1/2"?x deep to bone. ;