Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 13.02.2004 and order of sentence dated 16.02.2004, passed by learned Additional District Judge, Fast Track Court, Sahebganj, in Sessions Case No. 222 of 2001, whereby the sole appellant Ramu Marandi has been convicted for the offence committed and punishable under Section 304 of the Indian Penal Code and awarded rigorous imprisonment for seven years and the period already undergone in jail by the accused during trial of the case shall be set off under Section 428 CrPC from his sentence.
(2.) The prosecution case is based upon the fardbeyan of Shiv Soren, son of Matla Soren recorded by Sub Inspector of Police Lallan Kumar of Barhait Police Station on 11.04.2001 at 14.00 P.M. where the informant has stated that his sister Fulmani Soren has been married with the appellant Ramu Marandi fifteen years ago. It is alleged that yesterday (Tuesday) at around 0.40 Hours, the informant received an information that his brother-in-law has assaulted his sister causing unconsciousness. The informant along with co-villagers went to the house of his sister and saw his sister in unconscious condition. She was treated by the doctor but after some time, sister of the informant died. When the informant asked his brother-in-law about the reason, the accused Ramu Marandi did not whisper anything, thereafter, the maternal niece and others disclosed that his sister has been assaulted by the accused after his return from hunting, as she could not provide food and thus, with the help of wooden log kept for fire, the accused has assaulted the sister of informant on head due to which she became unconscious and subsequently died.
(3.) On the basis of the fardbeyan of informant, police has registered Barhait P.S. Case No. 23 of 2001 dated 11.04.2001, under Section 304 of the Indian Penal Code against the sole accused Ramu Marandi.;