MANJU HANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Manju Hansda has impugned the judgment dated 12.08.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.IV, Katihar in Sessions Trial No. 340 of 2003 convicting and sentencing him to undergo rigorous imprisonment for life and a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for three months for offence under Section 302 of the Indian Penal Code.

(2.) RANKU Murmu (P.W.5) gave his fardbeyan (Ext.3/1) at Santhal Tola Kajara, P.S.Mansahi on 08.10.2002 at 12.30 P.M. alleging therein that he received information at 10.00 A.M.through Bhim Hansa (not examined) that his sister Pano Murmu died. Upon receipt of this information, the informant and his brothers Munshi Murmu (P.W.2),Jetha Murmu (P.W.4), Manju Murmu (not examined),Hopna Murmu (P.W.1), Thakur Murmu (not examined) and cousin Ramesh Murmu (P.W.3) set out for Santhal Tola Kajra and when they reached there at 12.00 noon, he noticed his sister lying dead on a cot. Everybody was mum. There were injuries upon the eye and lips of the deceased. Mud and sand were also found on the body. The informant suspected that it was not a natural death. Before arrival of the informant, his brother-in-law namely, the accused Manju Hansda, left his house. The neighbours told that his sister has been assaulted on the bank of river and thereafter she has been strangulated and body was brought to the house and kept on a cot. The accused wrongly informed his villagers that it was a natural death. His sister was being ill-treated regularly. Six months prior to the occurrence, a panchayati was organized in the village of accused in which informant and others had participated and the accused had accepted his guilt and promised to reform himself. For some time, accused did not torture his wife but thereafter he started torturing her. His brother- in-law was of violent nature and no one was being treated properly. The fardbeyan resulted in formal F.I.R.(Ext.3) of Mansahi P.S.Case No.59 of 2002 dated 08.10.2002 under Section 302 of the Indian Penal Code against the accused Manju Hansda. The matter was investigated into and after completion of investigating, chargesheet was submitted and after observing all paraphernalia the case was committed to the court of sessions where charge under Section 302 of the Indian Penal Code was framed and explained to the accused to which he pleaded innocence. Hence trial proceeded.

(3.) THIS Court is required to see as to whether the order of conviction and sentence is correct or not.