PIYASO MUNDAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three ladies appellants have been convicted under Section 302/34 of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for life by the Sessions Judge, Hazaribagh, in Sessions Trial No. 81/88. They have been also charged under Section 201/34, I.P.C. but have been acquitted of the aforesaid charge.

(2.) THE deceased in this case is Santosh Munda, husband of the appellant, Piyaso Mundain and son-in-law of appellant Subashiya Mundain. According to the prosecution allegation Piyaso Mundain after having quarreled with her husband Santosh Munda had gone to her mother's house in village Chito Tola Sildag on the preceding Wednesday. THE deceased also went on Thursday to his Sasural for bringing his Piyaso Mundain back. On the next day, i. e. on Friday, at about 12 a.m. the appellant Piyaso Mundain, the maternal aunt of his aunt came at his house and informed that the deadbody of Santosh Munda was lying in the well of Charka Ganju in village Chito Tola Sildag. THE said information was given by Bilaso Mundain to the wife of the informant Mangru Munda. THE informant Mangru Munda, who was in service, came in the evening of 5-6-87 at his house and then he was informed about the statement made by Bilaso Mundain to his wife. As it was late in night, the informant did not go to the village Chito Tola Sildag. In the next morning he went there and found the deadbody of his uncle thrown in the well of Chark Ganju. He remained there for watching the deadbody and sent the Chawkidar to the Police Station. With the help of the villagers the deadbody was taken out from the well and it was found that the neck and legs of his uncle were tied with Gamchha and he was dead. According to the prosecution case, Bigia Mundain wife of Kajru Manda, who is elder brother's wife of the aunt of the informant, told the informant that on the preceding Thursday at about 10 p.m. appellant Piyaso Mundain, her mother Subashiya Mundain and her Mausi appellant Bilaso Mundain after committing the murder of Santosh Munda tied his legs and neck with Gamchha and threw the deadbody in the well. On getting the information from Chawkidar, P.W. 10 Devendra Prasad Singh, S.I., proceeded to the place of occurrence and recorded the Fardbeyon of the informant (Ext. 2) and on the basis of the said Fardbeyan a formal F.I.R. (Ext. 5) was drawn up held inquest over the dead body and after completion of investigation submitted charge-sheet and thereafter the appellants after cognizance committed to the Court of Session for trial which ended in their conviction.

(3.) THE prosecution has examined 10 witnesses in this case, out of them P.W. 1 Mangru Munda is the nephew of the deceased and is the informant in this case. He is on the point that he heard about the murder committed by these appellants by Bigia Mundain wife of P.W. 4 Kajru Munda. He is on the point that he found the deadbody floating in the well and with the help of the villagers the deadbody was taken out from the well. P.W. 2 Budhan Munda is a witness on the point of proving the inquest report and P.W. 3 Dema Munda and P.W. 4 Kajru Munda have been tendered. P.W.5 Bigia Mundain P.W. 7 Kitki Mundain and P.W. 8 Bandhu Munda have been declared hostile by the prosecution. THEy are witnesses on the point that on the alleged day of occurrence the deceased was insisting lot taking his wife Piyaso Mundain with him which was not acceded to by the appellants and as a result of which there was a quarrel between the three ladies on one hand and the deceased on the other and they all assaulted the deceased. However, they did not support the aforesaid version in Court, they only stated that the deceased had come and stayed at his Sasural, P.W. 6 P. K. Verma is a doctor who held the autopsy over the deadbody of the deceased on 7-6-81 and has proved the post-mortem report (Ext. 1) P.W. 9 Santosh Munda is a son-in-law of the deceased and he is a necessary witness and P.W. 10 Devendra Pd. Singh who at the relevant time was the Sub-Inspector of Police at Bhurkunda is the investigating Officer in this case.