MATHUR LOHAR Vs. STATE

JUDGEMENT

(1.) Mathur Lohar, the appellant before us, has been convicted by the learned Sessions Judge, Bankura under Section 302, Indian Penal Code on two counts for having committed murder of his daughter-in-law Parul Lohar and his brother Laben Lohar and sentenced to death. This appeal by the appellant from jail seeks to challenge the above order of conviction and sentence. Along with the appeal we have also heard the statutory reference made by the learned Sessions Judge under Section 366(i), Criminal Procedure Code for confirmation of the sentence of death awarded by him. Prosecution case, in a nutshell, is as follows : Deceased Parul Lohar was married to Lakshmi Kanta Lohar (P.W. 2), son of the appellant, about four years before her murder. The marriage was negotiated and settled by deceased Laben Lohar, brother of the appellant, despite his objections. After the marriage Parul started living with her husband Lakshmi Kanta in the house of the appellant in village Sonajhore within the police station of Taldangra. There were, however, frequent quarrels between her and the appellant and during the quarrels she received the support of her uncle-in-law Laben. As a result of this, she and her husband became separate in mess from the appellant about a fortnight before she was murdered. The houses of the appellant and his brother Laben are situated close to one another with a common courtyard.

(2.) On April 24, 1982, corresponding to Baisakh 10, 1389 B. S. deceased Laben and his wife Promila (P.W. 1) returned home in the evening after their day's work. While Laben lay down in the courtyard for rest, Promila went inside her house to feed her child and fell asleep. At or about 10 P.M. she was roused by the screams of Parul and coming out of her room found the appellant dragging Parul across the courtyard by holding her hairs. At that time the appellant had a katari in his hand and he threw down Parul on the courtyard near his feet. Pramila at once raised an alarm, hearing which, the appellant went out of the house and stood there. When, however, the neighbours started coming to the house hearing the row, he ran away from the house with the katari. The neighbours and the inmates of the house found both Parul and Laben lying dead on the courtyard with gaping wounds on their throats.

(3.) Hearing about the incident from some villagers Satyabrata Mondal (P.W. 5), the Prodhan of the Saltora Gram Panchayat, sent a written report (Ext. 3) to the Amdangra Police Out-Post which was forwarded to the Taldangra police station. The written report was treated as the first information report and on the basis of it, Taldangra Police Station Case No. 5 dated 25-4-82 under Section 302, Indian Penal Code was registered against the appellant.