NIRANJAN GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is filed against the judgment and order of conviction and sentence, dated-18 th March, 2002, passed by the Second Additional District and Sessions Judge, Seraikella in Sessions Trial No. 205 of 2000, whereby the learned trial court has convicted the appellant for the charge under Section 302 of the Indian Penal Code and has sentenced him to undergo rigorous imprisonment for life.

(2.) The prosecution case in brief is that the informant's daughter, Basanti Gorain, aged about 25 years was married to the appellant, Niranjan Gorain of village-Bhadudih. The appellant always used to assault his daughter compelling her to do domestic work and therefore, his daughter left her matrimonial home and had come to her parental home about three years back and after staying for about two years, she had returned to her matrimonial home about a year ago. In the meantime, the informant had deposited Rs.5,000/- in the name of his daughter, Basanti Gorain in the Bank of India, Chandil Branch. It has further been alleged that on account of continuation of mental and physical harassment by the appellant, the informant's daughter again left the matrimonial home and had come to her parental home about three months ago. On 09.03.2000, at about 6 P.M., the appellant came to his house by Barkakana Passenger train and asked his daughter to return to his house, but she declined and told that she would come later. Thereafter, in the night at about 8 P.M. after taking food, the appellant told Basanti Devi to withdraw Rs. 5,000/- from the Bank but she declined and told that she would withdraw this amount at the time of marriage of her daughter. On account of this, there was quarrel between them and then the appellant assaulted Basanti Devi with a knife, causing injury on her neck, which resulted into her death.

(3.) According to the Fard beyan, which was given on 10 th March, 2000, by P.W. 5, being the father of the deceased-lady, Basanti, the date of occurrence is 09.03.2000 at about 8 P.M. and the place of occurrence is 45 Kms. away from the Police Station.