LAKHIRAM HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment dated 09.02.2011 of Addl. Sessions Judge, F.T.C.-V, Godda, in Sessions Case No.19 of 2009, whereby the appellant has been convicted for the offence under Section 302/34 of the I.P.C., and sentenced to undergo imprisonment for life and a fine of Rs.1,000/-, in default thereof, to undergo rigorous imprisonment for three months.

(2.) The prosecution case as unfolded in the Fardbeyan of the informant-Deoram Hansda (P.W.5), is that his daughter, Salma Hansda was married to Lakhiram Hembrom in the year 2008. His daughter alongwith her husband were residing in the house of the maternal uncle of Lakhiram Hembrom. It is stated that on 30.12.2008 his daughter and her husband had come to his house, and the family members of the matrimonial home of his daughter had asked her to return on the same day. However, on his request his daughter stayed at her 'maike' (parental home) at night and went back to her matrimonial home on 31.12.2008. It is stated that on 01.01.2009 at 7.00 a.m., Sunil Kisku and Bablu Kisku came and informed him about the death of his daughter, whereupon, he alongwith his family members, accompanied by some villagers, went to the matrimonial home of his daughter at Chotasripur and saw his daughter lying dead on the cot and there was a black mark on her neck. The informant has alleged that Lakhiram Hembrom alongwith his maternal uncles Mistry Kisku and Chunda Kisku had killed his daughter.

(3.) On the basis of the fardbeyan, Boarijore P.S. Case No.01 of 2009 (corresponding to G.R. No.02/09) was registered under Section 302/34 of the Indian Penal Code (for short I.P.C.). On completion of investigation charge-sheet was filed and cognizance was taken whereafter the case was committed to the court of sessions. The sessions court read over and explained the charge to the accused-appellant to which he pleaded not guilty and claimed to be tried.