SAMTUL DHOBI SUKLAL DHOBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Samtul Dhobi has been convicted under Section 302 of the Indian Penal Code (for shown 'the IPC') and has been awarded sentence of death while appellant, Sukhal Dhobi has also been convicted under Section 302, I.PC. and sentenced to undergo rigorous imprisonment for life. Both the appellants have also been convicted under Sections 307 and 307/34, IPC but no sentence has been awarded. Hence, these Death Reference 3 of 1992 and Criminal Appeal No. 230 of 1992 by both the appellants.

(2.) A First Information Report (Ext. 4) was lodged by the informant Ramzan Mian on 3-5-1991 at 7 30 A. M. at Majhaulia Police Station in which it has been said by the informant (P. W. 9) that in the night of 2-5-1991 at about 8 P. M. while his daughter (Ambud Nisa, P. W. 11) aged about 14 years, was sleeping with his wife Sakina Khatoon aged about 45 years on the floor by spreading a mat infront of the door of his house and while his daughter-in-law (Saimul Nisa, P. W. 8) wife of Manzoor Alam was feeding milk to her child inside the house, appellant, Samtul Dhobi armed with Garasi and appellant Sukhal Dhobi armed with Goji, both residents of village Chanian Bandh, came to his darwaza where his wife Sakina Khatoon and daughter Ambud Nisa were sleeping on the mat and having seen Sakina Khatoon sleeping, Samtul Dhobi assaulted her on her neck and temple region with Garasi with the result that blood started oozing out profusely and neck and temple were chopped off. His wife began flottering and thereafter, she died instantaneously. On seeing this when his daughter Ambud Nisa cried, appellant Sukhal Dhobi assaulted her also with the bent of Garasi on her neck with the result that her neck got swollen. When his daughter-in-law, Saimul Nisa came out of the house and saw Samtul Dhobi chopping the neck of his wife with Garasi, she began to cry. After the call of nature, he rushed to his darwaza on the hulla and saw that Samtul Dhobi armed with blood stains garasi and Sukhal Dhobi with Goji, were fleeing away from his darwaza and when he wanted to catch them, then Samtul pushed him with the result he fell down and began to cry. Then at that very time, Tulsi Mahto, P. W. 1, Pramulla (P.-W. 2), Sattar-Mian, P. W. 6 and many others came to the place of occurrence who saw both the accused running away after killing his wife. The reason for the murder was that there was quarrel with regard to an orchard. The dead body of his wife, Sakina Khatoon was lying ai his drawaza.

(3.) After registration of the first information, report, the investigation of the case was taken up by the Officer-in-charge of Majbaulia Police Station, S.I. Uma Nath Sahay (P. W. 12) who reached the spot at 8.30A.M. The place of occurrence of this case is the east facing land of the informant Ramzan Mian and the Sehan land which is about 30 feet long east-west and about 20 feet north-south. He found the dead body to the east of the darwaza of the house at a distance of 1-1/2 yards upon a mat. Her neck and cheek were chopped. He prepared the inquest report and sent the dead body for post mortem examination to M. J. K. Hospital, Bettiah where he recorded the statement of the informant and other witnesses, namely, Ambud Nisa, Saimul Nisa and other he found four injuries on the person of Ambud Nisa for which injury report (Ext. 7) was prepared and she was sent to the State Dispensary, Majbaulia for medical examination. He has also prepared seizure list of the blood stained mat and earth. He had also recorded the statement of Tulsi Mahtd, Pramulla P.Ws. 1 and 2. After completing investigation, he submitted charge sheet against the appellants.