BINOY CHANDRA GORAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the above -named convict appellant against the judgment and order dated 12 -9 -1989 passed by the then Sessions Judge, Santhal Parganas, Dumka, in Sessions Case No. 176 of 1988. whereby and whereunder the accused -appellant Binoy Chandra Gorain has been convicted under Section 302 of the IPC for committing murder of his wife Adori Rani Gorain and sentenced to rigorous imprisonment for life. He was further convicted under Section 307 of the IPC for attempting to commit murder of his daughter Kalyani Kumari (PW -2) and sentenced rigorous imprisonment for ten years. The appeal was preferred from jail and by order of a Division Bench of this Court dated 29 -11 -1989 Mr. Satyendra Kumar Sinha was appoint -ed as amicus curiae for and on behalf of the appellant. Today when this appeal came up for hearing Mr. Manoj Kumar Ambastha, advocate, submitted that Mr. Satyendra Kumar Sinha is ailing for long time and he is not coming to Court and he has asked Mr. Manoj Kumar Ambastha to argue the case for and on behalf of the accused -appellant with the leave of this Court. Leave was granted and the appeal has been heard in presence of the State Counsel.

(2.) THE facts of the case run as follows. The accused -appellant Binoy Chandra Gorain was serving outside his village but for the last two years since the date of occurrence he was having no employment and came there to reside with his family consisting of wife, one daughter Kalyani Kumari and one son Ranjit Kumar. He had no income of his own and he was totally dependent on his wife who used to some how manage the family by doing labour work. Because of poverty, there was constant quarrel between the husband and wife and it has come in evidence that the accused -appellant used to beat his wife of and on. In the meantime, also the accused -appellant met, with an accident as a result of which his one leg was fractured. In the night of 30 -12 -1987 the accused -appellant was sleeping in a room adjacent to room where his wife was sleeping with their daughter Kalyani Kumari Gorain and son Ranjit Kumar. In the night at about 11.30 p.m. Kalyani Kumari Gorain rose up when she was given a dagger blow by her father the accused -appellant. She raised alarm and then her brother Ranjit also raised alarm. As result of which the elder brother of the accused -appellant, namely, Vupendra Nath Gorain and his wife Jamuna Bala Gorain came to the spot. It was found that Adori Rani Gorain, the wife of the accused -appellant was lying in the pool of blood in the adjacent room while Kalyani Gorain was inside the other room having injuries on her neck. The accused -appellant also inflicted blows on his abdomen and other places and was also lying in the pool of blood. He was having the dagger in his hand which was some how snatched by the brother and brothers wife of the accused -appellant. Pradip Kumar Gorain, who happens to be the son of Vupendra Nath Gorain, then went to inform the village Chowkidar Nunulal Mirdha. He came and then along with Pradeep Kumar Gorain/Kalyani left for Police Station, namely, Jama Police Station which is about 70 kilometres away towards south -east of the place of occurrence which is at village Pargadih. The information was lodged by the village Chowkidar Nunulal Mirdha (PW -5) on the next day, i.e., on 31. -12 -1987 at 9 a.m. He gave a vivid discription in his fardbeyan about the whole of the occurrence and the same fardbeyan was being endorsed both by Pradeep Kumar Gorain (PW -7) and Kalyani Kumari Gorain (PW -2). The Police came to except the spot, arrested the accusd -appellant and then sent him for treatment as he was also injured. Kalyani Kumari Gorain was also sent for medical examination and treatment. The blood -stained earth. and the dagger were seized at the spot itself. The dead body of Adori Rani Gorain was sent for post -mortem examination and after closure of investigation charge -sheet was submitted under Sections 302/307 of the IPC.

(3.) ON being committing to the Court of Session charges were framed under the said Sections of the Indian Penal Code and when the same was read over and explained to the accused he pleaded not guilty.