RUMAL SHAH Vs. STATE

JUDGEMENT

(1.) EYE witness account stated before the Court by Chandrika Prashad PW-4 is conceded to by learned counsel for the parties as a true account of what happened on 30.10.1996 at around 6:00 PM which caused the death of Jasrathi, wife of the appellant and mother of co-accused Anwar Shah, who faced a trial at a Juvenile Court since he was a juvenile when the offence was committed.

(2.) WE thus note, in brief, testimony of Chandrika Prashad PW-4 who stated that he knew Rumal Shah i.e. the appellant since last 14 years, being neighbours. Rumal Shah was married to Jasrathi and had 5/6 children born to her and for the last 3/4 years Jasrathi used to quarrel with Rumal Shah, alleging his having an affair with a lady Ram Kali who lived in the vicinity. Since Rumal Shah persisted with his relationship with Ram Kali, Jasrathi left Rumal Shah and went to her village but returned on 2.10.1996. On the day of the incident i.e. 3.10.1996 at about 6:00 PM he saw Jasrathi unlock the shop belonging to Rumal Shah and as she was in the process of unlocking the same, her son Anwar Shah came and started beating his mother with a danda telling her not to unlock the shop. Jasrathi insisted to open the shop saying that the shop belonged to her. Rumal Shah reached the spot and took the danda from the hand of his son Anwar and hit Jasrathi who fell down. Rumal Shah lifted a brick and hit Jasrathi on the head. Both Anwar and Rumal Shah ran away after causing injury to Jasrathi.

(3.) THE post-mortem report Ex.PW-1/A, proved at the trial by its author Dr.Ashok Jaiswal PW-1, would reveal that Jasrathi had 2 abrasions, 1 on the left malar region and the other on the right side front of neck, suggestive of a scuffle in which the opponent tried to push Jasrathi by catching hold of her neck. 4 lacerated wounds, 1 on the left eyebrow and 2 in the temporal region and the 4 th on the right zygomatic region evidence the assault by a blunt object, could be a stick or a brick. A swelling on the dorsum of the nose was also detected.