IMPORTANT POINT
The court established that intent to kill can be inferred from the nature and severity of injuries inflicted, and direct eyewitness testimony, when corroborated by medical evidence, is sufficient to sustain a conviction for murder under IPC.

JUDGMENT :

Subhash Chand, J.

The instant criminal appeal has been directed on behalf of appellant/convict Habib Mian @ Habib Ansari against the judgment of conviction dated 28.06.2023 and order of sentence dated 07.07.2023 passed by the learned Additional Sessions Judge-I, Bermo at Tenughat in Sessions Trial No.91 of 2021 whereby and whereunder the learned trial court has convicted the appellant under sections 341, 324, 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to undergo rigorous imprisonment for life and a fine of Rs.20,000/-for the offence under section 302 of IPC and in default of payment of fine, the convict was directed to undergo RI for 6 months, further for the offence under section 324 of IPC RI of 3 years, for the offence under section 341 of IPC RI for one month was directed. All the sentences were directed to run concurrently.

2. The brief facts leading to this criminal appeal are that the informant Jamir Mian had given the written information with the police station concerned with these allegations that on 02.03.2020 in the morning at 6 O'clock he was sleeping in his house. All of sudden his wife Majida Khatoon cried. Hearing her screamings he came out of the house and saw his wife lying on the ground inside the room. His son Habib Mian was assaulting with the knife and was stating that why she had sold the land. His wife in injured condition intruded beneath the chowki in order to save herself. His son still continued to assault her with the knife. The persons of locality also attracted there however he nabbed his son Habib Mian at the spot. Thereafter Bangali, son of Qurban Mian snatched away the knife from Habib Mian. His wife had sustained injuries in her stomach, hands, legs. The blood was oozing from her mouth. She was rushed to the Sub-Divisional Hospital, Bermo by the Balero car from there she was referred to BGH, Bokaro where she underwent treatment. The statement of the informant was recorded in the hospital. On this written information Case Crime No. 49 of 2020 was registered under section 341, 324 and 307 of IPC against Habib Mian. During treatment, the injured died and section 302 of IPC was added. The investigating officer after having concluded the investigation filed charge-sheet against accused Habib Mian for the offence under sections 341, 324 and 302 of IPC.

3. The Court of Magistrate took cognizance on the charge-sheet and the case was committed for trial to the court of learned Sessions Judge, Bokaro who further transferred the same for trial to the Court of learned Additional Sessions Judge-I, Bermo at Tenughat.

4. The trial court framed charge against the accused under sections 341, 324 and 302 of IPC the same was read over and explained to the accused which were denied by the accused and claimed to face the trial.

5. On behalf of prosecution to prove the charge against the accused in documentary evidence exhibited seizure memo of blood stained knife Material Exhibit-1, blood stained white colour full pant Material Exhibit-II, blood stained white colour shirt Material Exhibit-III and signature on the seizure memo Exhibit-1 and 1/1, postmortem report of deceased Exhibit-2, confessional statement of Habib Mian Exhibit-3, fardbeyan Exhibit-4, endorsement of the Officer-in-Charge on the fardbeyan Exhibit-4/1, formal FIR Exhibit-5, inquest report of deceased Exhibit-X, forwarding application for production of seized material Exhibit-6 and in oral evidence examined PW1- Jamaluddin Mian, PW2- Md. Tanbir Alam @ Tanbir Hussain, PW3-Jamir Mian, PW4-Dr. Ravi Shekhar, PW5-Devesh Kumar and PW6- Karam Singh Purti.

6. The statement of the accused was recorded under section 313 of Cr.PC who denied the incriminating circumstances in the evidence against him and stated himself to be innocent.

7. On behalf of accused no defense evidence was adduced.

8. The learned trial court after hearing the rival submission of learned counsel for the parties passed the impugned judgment of convict