Shree Chandrashekhar, J. - (1.) The sole appellant has challenged the judgment of conviction under section 302 I.P.C and the order of sentence of R.I for life dated 07.02.2009 for the said offence passed against him in Sessions Trial No.58 of 2008.
(2.) The appellant is the next door neighbour of Kaplana Patro, the deceased. The prosecution has set-up a case against him that he has committed murder of Kalpana Patro by throttling her neck.
(3.) Dr. Lalan Choudhary-P.W 2 who has conducted the post-mortem examination has found the following injuries on Kalpana Patro: A. Bruise: (1) 6 c.m. x 6 c.m over right forehead, (2) 4 c.m. x 3 c.m. over left mendibular, B. Abraison: (1) Nail head several in number over an area of 5 c.m. x 3 c.m. over left side of neck. (2) 2 c.m. x 2 c.m. over left side under surface of chin. C. On dissection: Frontal skull contused 6 c.m. x 6 c.m., 3 c.m. x 2 c.m, 1 c.m. x 1 c.m. and 1 c.m. x 1 c.m. whole brain contused. Lungs congested and frothy, Viscera congested, Blader empty, uterus enlarged and on section tumor comes out (fibrides). Firm inconsistency. Stomach contain undigested food rice and pulses 350 gm. Uppermost part of both sides of neck contused. Posterior part of larynx and trachea contused. Larynx and trachea mucosa mildly congested and contain whitish froath.;