LANGRA SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been preferred by the sole appellant; one from the jail and another through engagement of a lawyer. The lawyer who appeared for and on behalf of the accused-appellant could not be found even on search and call. In jail appeal, Smt. Gunjita Gupta has been appointed to argue as amicus curiae. She took some time to get herself prepared and then argued the case. She should be paid her fees from the High Court Legal Aid Committee.

(2.) These appeals have been preferred against the judgment and order dated 2.2.91, passed by the IVth Addl. Sessions Judge, Dumka, Santhal Paragna, in S.T. No. 12/90, whereby and whereunder the accused-appellant has been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case in brief is that informant, PW-4 Lakhiram Soren lodged an information on 3.4.87 with Littipara Police Station, district Sahebganj, to the effect that his mother Sumi Hembrom had been murdered. It was alleged that his mother was living with the accused-appellant Langra Soren as husband and wife before her death. It was further alleged that off and on they were quarreling amongst themselves and bringing allegations against each other. The cause of the quarrel was that the accused Langra Soren did not earn and used to live on his wife's earning. It is also stated that the day the accused did not earn, he was not given food by the deceased, Sumi Hembrom. On the date of occurrence, in the afternoon hours, Sumi Hembrom went out of home to purchase grocery articles but in the night she did not return. On the next date, the informant and others started searching and on being asked, the accused-appellant gave an evasive reply and from his behaviour, it could be understood that he was the person who had killed Sumi Hembrom. The dead body of the deceased was recovered from a place about 1 km. away from the house and there were injuries on the person of the deceased and blood stains were found over her body, clothings and also nearby stones. A case was registered on the basis of the fardbeyan given by PW-4. The police came to the spot and made inquest over the dead body and then sent the same to hospital for post-mortem examination. The accused Langra Soren was arrested and after closure of the investigation charge-sheet was submitted. It has come during the course of investigation that after the dead body was sent for post-mortem examination, the accused-appellant had left the place and went to his in laws house. Previous to the occurrence also because of the quarrel between the husband and wife, the accused-appellant used to stay at his in-laws house. A lew days prior to the occurrence, he came to his house and at first the accused and the deceased were maintaining good relations and then again trouble started with Sumi Hembrom. When Sumi Hembrom was found missing, the accused-appellant being the husband showed his total indifference to the missing of his wife and on being asked by the informant, the accused had given a reply which gave an impression that he had killed his wife. During the course of investigation, the stone was seized from the place from where the dead body was recovered and it was alleged that by that stone the deceased was killed. When the charges were framed after commitment, the accused-appellant pleaded his innocence.