JATRU MUNDA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal against judgment and sentence order dtd. 16/7/2022/ 21/7/2022, passed by learned Additional Sessions Judge (II), Shimla, District Shimla, H.P., in Sessions Trial No 10-T/7 of 2016, whereby the appellant has been convicted for commission of offence under Sec. 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000.00.

(2.) The appellant was charged with the murder of his own three years old daughter named Kumari Sitamuni by slitting her neck with knife during the intervening night of 24th and 25/3/2016 at Village Bassa in Theog, District Shimla.

(3.) Prosecution case in nutshell was that the appellant was working as a labourer in the construction work of Hotel Taj at Village Bassa, Theog, District Shimla, H.P. He was residing with his wife named Ms. Sunita and daughter Kumari Sitamuni in one of the temporary sheds in the ground floor of under construction building. Many other workers engaged in the same work were also occupying their respective temporary sheds for residence alongwith the appellant. During the intervening night of 24th and 25/3/2016, appellant was in his temporary shed with his daughter. The wife of the appellant had gone to Solan for getting herself medically checked-up. At about 4:00 AM, the cries of child were heard from the shed occupied by the appellant by the occupants of adjoining sheds. One Fulmani asked PW - 7, Bandhan Munda to inquire as to what had happened. PW-7, Bandhan Munda was related to the appellant being his brother-in-law. Bandhan Munda entered the shed of appellant and found the girl child lying on the floor in an injured condition with a pool of blood. Appellant was also inside the shed. In the meantime, few other occupants of the sheds collected and witnessed the child in an injured condition. It was also alleged that the appellant was found in the shed with a weapon of offence in his hand which was a sharp knife (referred to as 'Beyathi' by prosecution witnesses). Appellant had fled from the scene and was arrested later on the same day. He was subjected to medical examination.