Ananda Sen, J.

Aggrieved by the Judgment of conviction dated 15th of February, 2008 and Order of sentence dated 20th February, 2008 passed by learned Additional Sessions Judge, Fast Track Court-I, Giridih in Session Trial No.399 of 2004, the appellant has preferred this appeal before this Court. The sole appellant has been convicted by the impugned Judgment of conviction for committing offence punishable under Sections 302 and 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for offence under Section 302 of the Indian Penal Code and rigorous imprisonment for 10 years for offence under Section 307 of the Indian Penal Code. Both the sentences were directed to run concurrently.

2. The prosecution case is based on the fardbeyan of one Tul Bahadur Magar. He stated that he is working as an orderly at Railway Hospital, Sariya. His daughters, namely, Kimmi Kumari, Rashmi Kumari and Monu Kumari used to go at the residence of Dr. Binod Kumar for studying. Whenever the doctor used to go out of station, these girls used to stay back in his house and used to sleep there. On the night at about 00.15 hrs. his younger daughter Monu Kumari came screaming. The informant, then went to the quarters of Dr. Binod Kumar and saw that his elder daughter Kimmi Kumari in injured condition and his second daughter Rashmi breathed her last in front of him after sustaining injury. He then inquired from his elder daughter about the occurrence, when she said that at about 11 O’clock when they were sleeping, Amarjeet came. Amarjeet with a handkerchief was pressing her mouth, then her two sisters and the son of maid woke up. Then Amarjeet left Kimmi Kumari and assaulted Rashmi Kumari with knife and injured her. Kimmi Kumari also sustained injures. When the informant reached at the place of occurrence, he saw the appellant fleeing away, whom he identified.

3. On the basis of the said fardbeyan, FIR being Bagodar (Sariya) Police Station Case No.193 of 2004 was registered under Sections 302, 326, 307, 34, 120B of the Indian Penal Code. The police investigated the case and submitted charge-sheet against this appellant and others, namely, Ranjit Ram, Devendra Ram and Prem Shankar Ram. Cognizance was taken of the offence and the case was committed to the Court of Session. One of the accused, namely, Devendra was found to be juvenile, as such, his case was separated. Charge for the offence punishable under Sections 302, 307, 120B was framed against this appellant and against the other accused charge was framed under Sections 302/34, 307/34 and 120B of the Indian Penal Code. As the accused persons claimed innocence, they were put to trial.

4. To prove the charge, 14 witnesses were produced and examined in this case by the prosecution. P.W.1 Kimmi Kumari is one of the victim of the occurrence and was present at the time of commission of murder of Rashmi Kumari, the deceased; P.W.2 Sayad Md. Kaishar is the Pharmacist of Railway Hospital, Sariya; P.W.3 Dr. Binod Kumar is the person in whose quarters occurrence had taken place; P.W.4 Pravesh Kumar is the son of the maid who also used to stay back in the quarters with the deceased, victim and their another sister; P.W.5 is Jeera Devi; P.W.6 Ashok Mandal is the private driver who drove the police vehicle from Sariya Police Station to Jhumritilaiya from where accused Amarjeet Anand was arrested and blood stained shirt and pant were recovered; P.W.7 Sapan Ghosh is the witness to the inquest report; P.W.8 Monu Kumari Magar is the sister of the deceased and P.W.1 who was also sleeping at the place of occurrence and is an eye witness; P.W.9 Dr. B.N. Das is the doctor who conducted autopsy of the body of the deceased; P.W.10 Tul Bahadur Magar is the father of the deceased and informant of this case; P.W.11 is Om Prakash Choubey; P.W.12 Dr. B. Das Gupta is the doctor who treated the injured at the time of her admission in the hospital and under whose supervision the injury report w