GHASIA LOHRA, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been filed by Ghasia Lohra against the judgment of his conviction under section 302 of the Indian Penal Code for causing death of Somri Devi and under section 323 of the Indian Penal Code for causing hurt to Putki Devi and the order of sentence for the aforesaid offences, all dated 07.09.2010, passed in Sessions Trial Case No. 273 of 2009.

(2.) On 20.11.2008, at about 5:48 AM, Putki Devi gave her fardbeyan to the officer-in-charge of Bundu police station and on that basis Bundu P.S. Case No. 110 of 2008 was registered against the appellant under section 302 of the Indian Penal Code. After investigation a charge-sheet was submitted against him and charges under section 302 of the Indian Penal Code and section 307 of the Indian Penal Code were framed.

(3.) The case of the prosecution is that in the night of 19.11.2008 Ghasia Lohra sneaked in the house of his in-laws, broke open the window, entered the room in which Somri Devi was sleeping with her minor son and assaulted her with Bhujali. When Putki Devi on her cry came inside her room she was also assaulted by the appellant. Several villagers had arrived there and the informant narrated them the incident. According to the prosecution, the reason why the appellant has committed murder of Somri Devi, his mother-in-law, is that accusing him that he was not getting his wife treated Somri Devi had brought Putki Devi home from her sasural.