JUDGMENT :

Heard Mr. Shekhar Sinha, learned Amicus Curiae for the appellant and Mr. Ravi Prakash, learned Special P.P. for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 21.10.2011 passed by Md. Ashraf Husain Ansari, learned 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 60 of 2009, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 of the IPC and has been sentenced to undergo imprisonment for life.

3. The prosecution case arises on the basis of the fardbeyan of Nima Mahato recorded on 28.11.2008 at 11:00 A.M., wherein it has been stated that the marriage of his eldest daughter was solemnized with Nakul Mahato (appellant) about 25 years back. She was kept well for a few years and five children were also born to her and one of the daughters has already been married. It has been alleged that for the last two years Nakul Mahato on the allegation of being promiscuous was committing assault upon her and several times she was ousted from the house. Whenever his daughter used to come home at Kasmar she used to disclose about such happenings. It has been alleged that today i.e. 28.11.