CHANDRAMA MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal from jail. He has been convicted for the offence under Section 307 of the Indian Penal code (hereinafter referred to as the 'IPC') and sentenced to undergo rigorous imprisonment for five years in Sessions Trial No. 179 of 1088/81 of 1988 passed by the 5th Additional District and Sessions Judge, Ara (Bhojpur) vide judgment dated 10th of March, 1989.

(2.) The prosecution case in brief is that Moti Devi (PW 1) who is the victim, is the sister of the informant Kameshwar Sharma (PW 3), Accused-appellant Chandrama Mistry is a carpenter by profession. The father of victim Moti Devi (not examined) is also a carpenter. As such, Moti Devi was married only 3-4 months before the date occurrence at Bihta temple. The date of occurrence is 21st of June, 1987 inside the Aangan. The ceremony of Bidai has not taken place till the date of occurrence. In the meantime, it is alleged that accused started demanding a watch and a cycle in dowry. On the alleged date of occurrence at about noon, the victim Moti Devi was sitting in the courtyard at her naihar along with her mother (PW 2) and brother Kameshwar Sharma (PW 3). Accused suddenly entered inside the courtyard armed with bhujali and started assaulting his wife (Moti Devi) with bhujali, She got several injuries on her person, including on cheek, neck, arm and hand. The informant (PW 3) and her mother (PW 2) tried to save Moti Devi but accused also gave bhujali blow on both of them causing injuries. On hulla, villagers arrived and apprehended him along with bhujali. He was brought to the Pawna Police Camp along with the blood-stained bhujali and the fardbeyan of the informant (PW 3) was recorded. On the basis of which a formal HR. (Ext. 4) was drawn. The Assistant Sub- Inspector of Police seized, blood-stained bhujali and prepared seizure-list (Ext 2). He forwarded all the injured to Sadar Hospital where they were treated and examined by PW 6 (Dr. Satish Kumar Sinha) on the same day at 3.30 p.m. After completing the investigation, charge-sheet was submitted and after commitment the trial proceeded in the Court below.

(3.) The case of the defence is that the has come to his sasural on the date of occurrence and saw a person, namely, Shiv Adhar cutting some jokes with his wife in the Aangan. He tried to protest the same upon which he (Shiv Adhar) started assaulting him and when all the three injured tried to save him, they received injuries at the hands of Shiv Adhar. However, no evidence, either oral or documentary, has been produced in support of the defence case.