JALWANTI LODHIN Vs. STATE

JUDGEMENT

(1.) This appeal is from a conviction .and sentence passed by Mr. S. P. Singh, Sessions Judge of Manbhum-Singhbhum at Jamshedpur.

(2.) The story that I am to relate concerns two women, one the deceased, the wife of Budh-ram LodM (P. W. 9), and another, his concubine, Jalwanti Lodhin, who is alleged to have committed the murder by striking her with a hammer while she was asleep. On 10-4-1950, Motiram Sharma (P. W. 10) received an information from an old woman that the wife of P. W. 9 had been killed by the accused, Jalwanti. He came to the spot and then left for the Town Outpost where he met the Havildar (P. W. 12) and reported to him about the incident. P. W. 12 then sent a telephonic message to Bistupur Police Station, at a distance of about three miles, which was received by the investigating officer, B. N. Sinha (P. W. 13). After getting the message entered in the Station Diary, he left for the scene of occurrence, which he reached at 2-15 P. M. He drew up the 'fard-beyan' on the statement of P. W. 10; held inquest over the dead-body; inspected the place of occurrence, and prepared a seizure list on finding certain, articles concealed in the house. Later, after completing the. investigation, he submitted charge-sheet against the accused.

(3.) An enquiry under Chap. 18, Criminal P. C. ended in the discharge of the accused on 15-6-1950, on the finding that no 'prima facie' casg had been established by the prosecution, but, afterwards, the Additional Deputy Commissioner of Singhbhum set aside the order and directed the accused to be committed for trial.