BAHADUR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the abovenamed accused-appellant against the judgment and order dated 23.6.1994 passed by the learned Sessions Judge, Singhbhum East, Jamshedpur, in Sessions Trial No. 20 of 1992, convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life,

(2.) The case was registered on the basis of Fard Beyan of Debit Fernandes (P.W. 3) recorded on 5.5.1991 at 8.30 A.M. It was alleged in the fard bfyan (Ext. 4) that on that very day at about 7.45-8 A.M., when the informant Dodit Fernandas was proceeding towards Church (as it was a Sunday) along with lier step mother Flory Fernandes and when they reached near Railway line at Maubhandar in the crossing of Railway gate of HCL/ICL, then the aceused Bahadur Sharma came from behind and started assaulting Flory Ferandes by means of Bhujali. He gave several blows on the neck, head and hand of Flory Fernandes, as a result of which, she fell down between the two rails in a pool of blood. When the informant raised alarm, she was also chased by the accused appellant but she could reach the Churchn and informed the incident to her Uncle, Aunt and others and they came back to the place of occurrence and found Flory Fernandes lying dead having injuries on her person. The accused appellant after committing the offence fled away from the place. It was further contended that the informant Dodit Femdandes (P.W. 3) and her sister remained with their father on the death of their mother and then their father married Flory Fernandes. On the death of their father, Flory Fernandes again construed\, marriage with accused Bahadur Sharma and Bahadur Sharma started living in their house, but the marriage did not subsist long as Flory Fernandes and Bahadur Sharma fell out amongst themselves and in April, 1991, at the intervention of the neighboring people, Flory decided to divorce Bahadur Sharma, but Bahadur Sharma put a condition that the will sign the divorce paper only if Flory Fernandes gives Rs. 20, 000/-, but some how on payment of Rs. 10, 000/-, Flory Fernandes could get the signature of accused appellant on divorce paper. But after such divorce, , Bahadur Sharma left their house and started living separately and always used to tease Flory Fernandes on the roads whenever they mere each other and threatened her with dire consequences. It was on these motive it is started that the accused-appellant had killed intentionally Flory Fernandes.

(3.) The police came to the place of occurrence on receipt of a telephone message, recorded fard beyan of Dodit Fernandes at the place of occurrence itself and then registered a case and started investigation. The accused-appellant Bahadur Sharma was arrested during the course of investigation, dead body of Flory Fernandes was inquested and autopsy was held on the same day in the Hospital and then after completion of investigation, charge sheet was submitted by Ghatshila Police Station under Section 302 of the Indian Penal Code.