The instant Criminal Appeal has been preferred against the judgment of conviction dated 12.02.2004 and order of sentence, dated 13.02.2004, passed by learned Additional Sessions Judge, Fast Track Court No. V, Jamshedpur, East Singhbum, in Sessions Trial No. 6 of 2003, whereby the sole appellant has been found guilty and convicted for the offence committed and punishable under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

2. The prosecution case is based upon the written report submitted by the informant Jihur Singh (P.W. 6), before the Officer-in-Charge, Patamda Police Station in the district of East Singhbhum on 06.11.2002, alleging therein that on 06.11.2002 at around 8.00 A.M. when he was going to his field, he saw a number of people assembled near the house of his cousin Mohan Singh, upon which the informant went to the house of his cousin Mohan Singh and saw that his cousin was lying on the cot in unconscious condition and blood was oozing from his head. It is stated that when the informant enquired the same from the wife of his cousin Kanta Bala Singh, she disclosed that her husband has returned home on 05.11.2002 at around 10.00 P.M. in intoxicated condition and started demanding money. When Kanti Bala Singh refused to give money, her husband started assaulting her and to protect herself, in anger she assaulted her husband by means of a silauta (stone material used for grinding spices) on head, causing injury. It is further alleged by the informant that his brother has been assaulted by his wife with an intention to kill and has also applied salt on the wounds. The informant has stated that because of being villager and there was no means of transportation, delay has been caused in informing the police and came along with one Ayodhya Singh to inform about the same.

3. On the basis of written report, police has registered Patamda P.S. Case No. 77 of 2002 dated 06.11.2002, under Section 307 of the Indian Penal Code against the accused Kanta Bala Singh.

4. After investigation, the police has submitted charge sheet against the accused Kanta Bala Singh vide charge sheet no. 87 of 2002, dated 22.12.2002, under Section 308 of the Indian Penal Code and subsequently supplementary chargesheet vide chargesheet no. 19/2003, dated 15.04.2003 under Section 304 of the Indian Penal Code.

5. The cognizance of the offence has been taken vide order dated 03.01.2003 and the case has been committed to the Court of Sessions vide order dated 04.01.2003.

6. The charge has been framed against the accused/appellant under Section 308 of the Indian Penal Code vide order dated 03.03.2003, to which the accused/appellant has pleaded her innocence and thus, she was put under trial.

The prosecution has examined five witnesses and thereafter the prosecution has altered the charge under Section 304 of the Indian Penal Code on 24.09.2003 giving an opportunity to the appellant that she may re-examine the witnesses but no witnesses have been re-examined in this case as the appellant has never preferred the same but she has pleaded not guilty and claimed to be tried, thus trial proceeded.

7. The prosecution, to prove its case, has examined altogether eight witnesses. Ayodhaya Singh, signatory of the First Information Report has been examined as P.W. 1 on 25.03.2003, Tanu Singh has been examined as P.W. 2 on 25.03.2003, Nepal Singh has been examined as P.W. 3 on 19.07.2003, Neel Kamal Mahato has been examined as P.W. 4 on 19.07.2003, Kanhai Singh has been examined as P.W. 5 on 04.08.2003, Jihur Singh, informant and cousin of the deceased, has been examined as P.W. 6 on 24.09.2003, Dr. Akhilesh Kumar Chaudhary, Medical Officer has been examined as P.W. 7 on 07.11.2003 and Mitali Dey, staff nurse of M.G.M. hospital has been examined as P.W. 8 on 22.11.2003 but she has been declared hostile by the prosecution.

8. The prosecution has also adduced five documentary evidence in support of its case. Signature of Ayo