KAILASH PRASAD DEO, J.

1. Heard learned Amicus Curiae Mr. Rajesh Kumar and Learned counsel for the State Mr. Pankaj Kumar, Additional Public Prosecutor.

2. The instant criminal appeal has been preferred against the impugned judgment of conviction dated 15.12.2009 and order of sentence dated 17.12.2009 passed by learned 1st Additional Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 184 of 2008 whereby the appellant has been held guilty for the offence committed and punishable under Section 302 of the I.P.C and awarded rigorous imprisonment for life with a fine of Rs.2000/- and in default in payment of fine to further undergo simple imprisonment for 3 months.

3. The prosecution case is based upon the fardbeyan of Informant Rangiya Alda (P.W.3) recorded by S.I. Sudhir Prasad Sahu, Officer-In-Charge, Goilkera Police Station at Village Gotamba on 01.04.2008 at 12.10 Hrs wherein the informant has alleged as under:

It is stated that on 31.03.2008 at around 11.00 A.M., his son Turi Alda aged 21 years (deceased) was cleaning tamarind (Imli) sitting under the roof of his house and asked his wife Mecho Alda (Appellant) aged 19 years to cooperate him in cleaning, the tamarind. It is further stated that when the appellant Mecho Alda refused to do so, out of anger, son of the informant Turi Alda asked her, if she is not cooperating him in cleaning the tamarind, she should go to the house of her mother and father (parents). Thereafter, some altercation took place between the wife and husband. At that time informant was sitting at a distance under a tamarind tree and could not understand the entire conversation. After some time, Mecho Alda, wife of son of the informant came out of her house and assaulted Turi Alda on head by means of handle of a hand pump made up of iron, resulting in scream of Turi Alda and he fell down on the ground crumbling in pain. The informant went to the place of occurrence and saw his son lying and blood oozing from the head and face. The informant has also seen Mecho Alda (appellant) having handle of the hand pump in her hand. Informant has further stated that he asked Mecho Alda why she has done so, upon which, she replied that she was asked to go to the house of her mother and father and as such she has assaulted her husband. In the meantime, son of the informant died and thereafter on hearing voice and cry of the informant, other co-villagers came and they caught hold of Mecho Alda so that she could not run away from the place of occurrence.

4. On the basis of the fardbeyan of the Informant Police has registered Goelkera P.S. Case No. 09 of 2008 dated 01.04.2008 against accused Mecho Alda under Section 302 of the I.P.C.

5. After completion of the investigation, Police has submitted charge-sheet vide no. 17 of 2008 dated 18.06.2008 under Section 302 of the I.P.C citing 7 charge-sheeted witnesses. Cognizance of the offence has been taken vide order dated 19.06.2008 and thereafter case has been committed to the Court of Sessions vide order dated 25.06.2008. The charge has been framed against the accused under Section 302 of the I.P.C vide order dated 04.08.2008, which was read over and explained to the accused in Hindi to which she pleaded not guilty and claimed to be tried. Thus, the accused was put under trial.

6. In order to prove the case, prosecution has examined altogether 7 prosecution witnesses and also adduced 7 documentary evidence up to Ext. 7 in support of the prosecution case.

Ramchandra Kayam, a co-villager has been examined as P.W.1, Munda of the village being hearsay witness. He has stated that when he enquired from Mecho Alda, she has confessed that she has assaulted her husband Turi Alda, who was cleaning tamarind and also asked her to clean the same, which she refused. Thereafter Turi Alda asked her to go to the house of her mother and father, due to which she has assaulted him. This witness has proved his signature on the fardbeyan, which has been marked as Ext. 1. This witness