KOMAL DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant, Komal Devi, the daughter-in-law of the informant, P.W. 11, Buchchi Devi, was indicted under Sec. 302 of the Indian Penal Code for having hacked her father-in-law, Vedanand Jha, a man aged about 80-81 years to death by using a dabia. Indictment was made by the learned Presiding Officer, Fast Track Court, V, Saharsa, by framing a formal charge under Sec. 302 of the Indian Penal Code so as to putting the solitary appellant on trial in Sessions Trial No. 181 of 2004. The judgment in the case was delivered on 29.11.2005 and the appellant was convicted of committing the offence, she has been charged with.

(2.) The appellant was heard on sentence on 30th Nov., 2005, and she was directed to serve rigorous imprisonment for life. The learned Judge did not impose any sentence of fine. The appellant preferred the present appeal to challenge the above said judgment and order of sentence passed against her.

(3.) The prosecution narration is contained in Annexure 2, the fardbeyan of P.W. 11, Buchchi Devi, recorded on 24.03.2004 at 03.00 a.m. in Sadar Hospital, Saharsa. It was stated by P.W. 11 that the deceased, Vedanand Jha, and the informant had two sons, namely, Kanhaiya Jha and Madhav Jha out of whom Kanhaiya Jha was married to present appellant, Komal Devi. There used to be fight between the family members about properties and, as such, a formal partition was made some 8-10 years before and 1/3rd of the properties was allotted in each of the shares of the father and his two sons. On account of having attained an old age, the deceased Vedanand Jha was not in a position to earn livelihood and, as such, the deceased used to alienate part of the properties in his share so as to sustaining his survival. The alienation of properties by the deceased used to cause heart burn in Kanhaiya Jha and the present appellant and on that account the deceased used to be abused and ill-treated by the present appellant.