PITRUSH MARKI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dated 08.12.2016 passed by the learned Addl. Sessions Judge-I, Khunti, in Sessions Trial Case No. 290 of 2007, whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- out of which, 40,000/- is to be paid as compensation under Section 357 of Cr. P.C. to the informant or her successor in interest, in default thereof, to suffer R.I. of two years.

(2.) The prosecution's case, as narrated in the fardbeyan of Magdali Merki (P.W.-2), is that on 30.01.2007, she had gone to Sode Market along with her husband and when they were returning, then at around 5 p.m., her son came running and told her that accused Pitrus Marki had assaulted her elder son, Iliyas Merki with an axe and killed him. Then she, along with her husband, hurriedly proceeded home. She has alleged that Pitrus armed with tangi, came running towards them whereupon she alongwith her son hid in the bush. It is alleged that the accused chased and gave 'tangi' blows to her husband who succumbed to the injuries. Thereafter the accused fled into the jungle. She reached home and saw her elder son Iliyas Merki lying dead and blood was oozing from his head. She has stated that again the accused came and chased them then she and her son hid themselves in the village and her daughter ran away towards the jungle. The accused was yelling and threatening that if she and her family did not leave the village then he would kill her entire family. She stayed the night over in the house of her brother-inlaw (Augustine Merki). She has stated that the accused was anguished as her daughter had passed the matriculation exam whereas the accused had failed twice in the matriculation exam. The accused had killed her husband and her elder son out of grudge as her husband had earlier reprimanded and scolded him for his truant behavior.

(3.) On the basis of the fardbeyan, Rania P. S. Case No. 03 of 2007 was registered under Section 302 of IPC. On completion of investigation, chargesheet was submitted against the accused and cognizance was taken whereafter the case was committed to the Court of Sessions. The substance of charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried.