KARU MARIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is by the sole accused who was convicted for offence under Section 302, IPC sentenced to rigorous imprisonment for life by the Sessions Judge. The High Court of Patna dismissed the Criminal Appeal No. 239/87(R) by the order dated 15-9-1988 confirming the order of conviction. Hence this appeal by special leave.

(2.) In short, the prosecution case is that on 14-8-1983 at about 6 A.M. in the morning Savitri Devi, wife of the informant Thakurai Pandit (PW-9) had gone to ease herself towards north of her house. In the meantime, the accused Karu Marik being armed with chhura went there and assaulted with chhura on her chest. She began crying and wanted to run away but the accused caught hold of her hairs, threw her on the ground and started giving chhura blows on her abdomen and back. On raising alarm, her husband (PW-9) and Sita Dhobin (PW-2), Mukesh (PW-1) and others came there. Seeing them, the accused fled away. PW-9 found his wife in a pool of blood lying unconscious. He took her to Sadar hospital, Giridih, and admitted her. Enmity between the accused and PW-9 was said to be the motive. Furdi bayan of PW-9 was recorded in the hospital by S.I., R. N. Singh. On that basis, F.I.R. was drawn and a case under Section 307, IPC was registered against the accused. On 14-8-1983 itself, her dying declaration was recorded by S. N. Prasad, Judicial Magistrate First Class, Giridih. Savitri Devi died on 22-8-1983 in the hospital due to the injuries caused to her by the accused. Hence the offence was altered to one under Section 302, IPC. The accused was tried for an offence under Section 302, IPC. He pleaded not guilty and his defence was that he had been falsely implicated in the case out of enmity.

(3.) The prosecution in all examined 10 witnesses to establish the guilt of the accused. PW-1 was declared hostile. Accepting the evidence of PW-2 and PW-9, the eye-witnesses coupled with the dying declaration of the deceased and keeping in view the evidence of the doctor and the Investigating Officer, the trial Court held accused guilty and convicted him for an offence under Section 302, IPC and sentenced him to undergo rigorous imprisonment for life. On appeal by the accused, the High Court re-appreciated and scrutinized the evidence objectively and appropriately and did not see any infirmity in the order passed by the trial Court. In that view, upheld the order of conviction and sentence passed by the Sessions Court.