SANAT BESRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the above -named accused -appellant from jail against the judgment and order passed by the Sessions Judge, Santhal Pargana, Dumka, in Sessions case No. 357 of 1986 whereby and whereunder the accused -appellant has been convicted under Section 302 of the Indian Penal Code for intentionally killing his mother -in -law Paku Murmu on 9 -5 -1986 at 6 p.m. and sentenced him to rigorous imprisonment for life.

(2.) The accused -appellant married the daughter of the deceased Paku Murmu, namely, Sona Hembram and in the wed -lock they have a male issue. As per the customs prevailing amongst the parties, the accused -appellant was a Chardamad of the deceased Paku Murmu. The wife of the accused -appellant Sona Hembram used to dance in the festivals which was disliked by her husband. As per tribal customs, married woman do not participate in dance festival. On the date of occurrence i.e. on 9 -5 -1986, the accused -appellant being enraged started beating his wife Sona Hembram, as a result of which Sona Hembram rushed out to inform Paku Murmu her mother for protection and at that moment Paku Murmu was present at the house of the informant P.W. 1 Mangal Tudu in the neighbourhood. There at the house of the informant other persons, namely, Samual Murmu, Chandra Hembram, wife of Mangal Tudu and Dhena Kisku were present and they were taking toddy. Sona came on running and informed her mother that she was being assaulted by her husband by a Thenga and was being chased. At this Paku Murmu stepped forward where through the accused -appellant was proceeding and asked her son -in -law not to beat her daughter. Hearing this, the accused -appellant gave a Thenga blow on her forehead as a result of which who fell down and then another blow was given by the said Thenga. The people present at the spot caught hold of the accused -appellant. He was kept confined and then in the next morning, the informant Mangal Tudu being accompanied with Sona Hembram went to Litipara Police Station which is about 20 kilometres away from their village Chhoramurjora. There before the officer -incharge Mangal Tudu gave description about the whole occurrence of the yesterday evening and the same was taken up in black and white by the officer incharge and then L.T.I. of Mangal Tudu was taken. On the basis of the fardbeyan of Mangal Tudu, which has been marked as Ext. 1, a case was registered. Police came to the spot and found the dead body of Paku Murmu lying in the Courtyard of Mangal Tudu and then the dead body was sent for autopsy. During the Court of post -mortem examination three injuries were found on the person of the deceased, namely,

(3.) After closure of investigation charge -sheet was submitted against the accused -appellant. Thenga which was produced by the witnesses had already been seized from the place of occurrence during the course of investigation. On being committed to Sessions, charge was framed vide order dated 1 -12 -1989 under Section 302 of the Indian Penal Code and when the same was explained and read over to the accused he pleaded not guilty.