HOPNA MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment of conviction dtd. 4/7/2015 and order of sentence dtd. 6/7/2015 passed by Sri A.K. Tiwary, Additional District and Sessions Judge-I, Kishanganj in Sessions Trial No. 1184 of 2011 (arising out of Dighalbank P.S. Case No. 31 of 2011) whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C.") and sentenced him to undergo rigorous imprisonment for life and also imposed fine of Rs.10,000.00 and in default of payment of fine, simple imprisonment for six months has also been awarded.

(2.) The prosecution case as per the fardbeyan of informant namely Joshana Murmu (P.W.4) recorded before the police officer of Dighal Bank Police Station on 13/7/2011 at about 11.30 p.m. is that on the same day i.e. 13/7/2011 at about 8.30 P.M., father of informant namely Sufal Murmu was sitting at his house at village Karuwamani and the informant was also present there when informant's brother Hopna Murmu reached along with a dabia and stated that informant's father only takes care of his daughter and spends his earning on her. Thereafter informant's brother having enraged assaulted her father on his neck with dabia from behind as a result of which her father got badly injured. Thereafter, in a scuffle, both hands of informant's father were cut by dabia and thereafter her father fell down and a lot of blood started oozing out. On noise, a number of villagers came and interfered because of which life of her father was saved. Thereafter, informant's father was brought to Dighal Bank hospital for treatment. The informant further stated that her father was not in a position to give statement and further stated that the reason for the occurrence is that she is a widow and after death of her husband, she lives with her father and her father takes care of her which was not liked by the appellant and because of that reason, her brother, with an intention to kill her father, badly assaulted him due to which he got badly injured.

(3.) On the basis of fardbeyan of the informant (P.W. 4), Dighalbank P.S. Case No. 31 of 2011 was registered under Sec. 307 of I.P.C. and investigation was taken up. In course of treatment the victim died and therefore, Sec. 302 I.P.C. was also added. Charge-sheet under Sec. 302 of the I.P.C. was submitted whereafter cognizance was taken by the jurisdictional Magistrate and thereafter the case was committed to the Court of Sessions. Charges were framed against the appellant to which the appellant pleaded not guilty and claimed to be tried.