LAWS(CAL)-2013-2-26

PARA TOPPO Vs. STATE

Decided On February 11, 2013
Para Toppo Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Prosecution Case:

(2.) On August 3, 2010, the victim Profulit Minj went to see her mother who was also residing nearby. Poonam accompanied her. Poonam went to tuition at the house of Rajini and came back at 8.30 PM when Profulit Minj, Vishal and Poonam took food and went to bed. At night at 9.30 PM accused came and kicked at the door, enquired about the whereabouts of Profulit Minj. Poonam opened the door. When Profulit came out accused started inflicting blows of dao upon her. She tried to resist but failed. While she was fleeing away, the accused inflicted blow on her head. She fell down in the nearby drain outside the house and died. Poonam rushed to the house of her choti nani and then disclosed the incident to their maternal uncle. When the maternal uncle rushed to the house accompanying Poonam found the victim lying on the ground. At the time of occurrence, accused was in towel. Poonam and Vishal made statements before the learned Magistrate that were recorded under section 164 of the Code of Criminal Procedure. Vishal also corroborated Poonam. The accused made confessional statement at the police station in presence of PW.1, Pradhan of the Campbell Bay. According to the statement, the accused was suspicious about the wife's illicit relationship with one Sudhir Xalxo. Despite repeated cautions, Profulit Minj did not adhere to. As a result, being annoyed, the accused killed his wife. Such statement was recorded at the police station in presence of two witnesses being Navaneethan and Jayaprabha, Up-Pradhan and Pradhan of Campbell Bay.

(3.) The statement made by the accused was tendered as Exihibit-2 appearing at page 80. The contents are quoted below: