GUDIA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Bengabad PS Case No. 144 of 2009 was registered on the basis of the fardbeyan of Chandawa Devi which was recorded at about 9:45 AM on 16.11.2009 near her house. The informant is mother of Prince Verma, the deceased. She has alleged that the appellant who is her sister-in-law has thrown her son in a nearby well and the doctor who has conducted the post-mortem examination has stated that Prince Verma has died due to asphyxia on account of drowning in the water. After the investigation, a charge-sheet was filed and the appellant has faced the trial on the charge of committing murder of Prince Verma.

(2.) In S.T. No. 113 of 2010, the learned Additional Sessions Judge, Giridih has held that ocular evidence of the prosecution witnesses that the appellant with an intention to commit murder of Prince Verma has thrown him in a well is corroborated by medical evidence which confirms cause of death as asphyxia due to drowning. Accordingly, the appellant has been convicted and sentenced to RI for life under Section 302 of the Indian Penal Code.

(3.) Pw-3, Chandawa Devi is sister-in-law of the appellant. PW-2, PW-6, PW-7 and PW-8, the co-villagers, are the eye-witnesses; they are related to the informant. The defence has examined two witnesses, namely, Tejani Devi who is sister-in-law of the informant and Surendra Verma who is father of the deceased-child.