SARNALU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By a judgment dated 23rd April, 1988, in Sessions Trial No.47 of 1987 the learned Sessions Judge of Hazaribagh has convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) Short facts, unfortunate Dulari Manjhiain, who is no more in this world of livings was wife of Samalu Manjhi, the appellant. She was earlier married to a person of village Tenughat and out of that wedlock, a male child (P.W. 3) was born. Thereafter, on being deserted by her first husband, she came to her mothers place and was again married to the appellant and a female child was born, but the relationship between the two was happy.

(3.) The first information report in this case was (Ext. 1) lodged by the deceased stating inter alia that on 30.7.1988 at about 9 P.M. when she came out of the house along with her eight years aged son (P.W. 3) to get him eased by the side of a maize field, with a Divia, the appellant who was hiding himself there from before, suddenly shot an arrow at her, which pierced in her abdomen, as a result of which, she fell down. Upon her cries, her mother (P.W. 1) and some neighbours (P.Ws. 2, 5 and 8) and others arrived and on being questioned as to how she had received an arrow shot, she narrated about the incident to them. The appellant, however, could not be apprehended as he managed to escape. In that state she was brought to her house, but as no conveyance was available, she was taken to Gola hospital on the following morning from where, she was referred to Ranchi Medical College and Hospital since her condition was serious and it was also difficult to take out the arrow from her abdomen. At Ranchi she was operated upon by Dr. Prasad (P.W.11), who with a great difficulty, took out the arrow, but in spite of his best effort, the deceased succumbed to her injuries on 2.8.1988, where after, postmortem examination was conducted by P.W. 10.