DILLO Vs. STATE OF BIHAR

JUDGEMENT

(1.) When this appeal was called out, having been on the list for quite some time, Shri Madan Mohan, Advocate stated, on instructions from Shri Ganpati Trivedi, the original Advocate on record that the client had taken no objection from Shri Trivedi. From records, we find that thereafter Shri Arvind Kumar Singh Saroj entered appearance on behalf of the appellant but he is no more. The appeal is, thus, technically unrepresented. Shri Madan Mohan, Advocate who is from the chambers of Mr Ganpati Trivedi agreed to assist the Court in the matter which he has ably done. We have heard him and learned counsel for the State.

(2.) The present appeal is by the sole appellant against his conviction under Section 302 of Indian Penal Code (IPC) by the Additional Sessions Judge VIII, Munger in Sessions Case No 27 of 1989 delivered on the 23rd September, 1989. He has been held guilty of causing the death of Subdha Devi on 29.09.1988 and, as such, sentenced to life imprisonment. It may be noted here that his two elder brothers were also put on trial and charged under Sections 302/34, IPC but they have been acquitted in the same trial.

(3.) The prosecution case is based upon a Fardbayan of one Upendra Yadav (PW 1) recorded at 11.15 am on 29.09.1988, inter alia, alleging that while he was taking water from a well near the Munger Dairy Farm, he saw the appellant going into the Dairy Farm and dragging the victim out by holding her hair. Having brought her out of the Dairy Farm, one of the brothers handed him a Garasi and asked the appellant to kill her as she had used witchcraft to kill their buffalo. Upon this, the other elder brother caught hold of her arms and the appellant is said to have assaulted her with the Garasi on her neck repeatedly. She fell down bleeding profusely. The appellants then escaped. It is further stated in the Fardbayan that this incident was witnessed by Anjala Devi, the daughter of the deceased being PW 2, Dilip Yadav (PW 8) and Bhola Yadav (PW 6) who are all co-villagers. It is further alleged that there were other villagers and staff of Dairy Farm who have witnessed the occurrence. The informant put his left thumb impression on his Fardbayan which is also attested by Gudar Yadav (PW 3) who is the husband of the victim and is signed by Shyam Kumar Singh, the Officer-in-charge of Mufassil Police Station (PS), District - Munger who is also the Investigating Officer being PW 7. The Fardbayan is Exhibit-2. After the Fardbayan was recorded, an inquest is prepared which has not been brought on record, allegedly blood-stained mud is collected and then the body is sent for post mortem. Upon return to the Mufassil PS, the case is registered at about 5 pm on the same day that is 29.09.1988. Upon the case being registered as Mufassil PS Case No 342 of 1988, police investigated and submitted a chargesheet against the three accused persons who, as noted above, were brothers. They, having pleaded not guilty, were tried and convicted, as aforesaid.