SUSHEN MODAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial in Sessions Trial No. 178 of 2011 on the charge of committing murder of his wife, namely, Khusbu Modak @ Bulti. The appellant was found guilty and has been sentenced to R.I for life and a fine of Rs.10,000/- under section 302 of the Indian Penal Code, with a default stipulation to undergo S.I for six months.

(2.) Ichagarh P.S. Case No. 40 of 2011 was lodged on the basis of the fardbeyan of Bishu Modak which was recorded at about 11:00 PM on 19.08.2011 by Waquar Hussain, Sub-Inspector of Police/officer-in-charge of Ichagarh PS at the house of the appellant. Bishu Modak who is the father of Khusbu Modak has stated in his fardbeyan that his daughter was married with Sushen Modak in 2008 and from the wedlock two children were born. Sushen Modak was unemployed and addicted to drinking and gambling. His daughter was objecting to the bad habits of her husband but Sushen Modak would not listen to her and he used to quarrel with her. The informant has alleged that on 19.08.2011 Sushen Modak in course of a quarrel strangulated his daughter to death and falsely informed his wife that her daughter has hanged herself. The informant has further claimed that his house is near the matrimonial house of his daughter, he used to visit her frequently and on several occasions tried to reason with his son-in-law not to indulge in gambling and drinking. On such allegations, a First Information Report was lodged against Sushen Modak on 20.08.2011 and after the investigation a charge-sheet was laid in the Court.

(3.) By an order dated 19.01.2012, a charge under section 302 of the Indian Penal Code was framed against the appellant for committing murder of Khusbu Modak, and to prove the said charge the prosecution has examined seven witnesses out of whom PW1-Tulu Modak, PW2-Bishu Modak, PW3-Kedar Modak, PW4-Patiwala Modak and PW5-Samar Nath Modak are intimately related to the deceased PW7-Dr. Vivhakar Kumar who conducted the post-mortem examination has rendered an opinion that Khusbu Modak has died due to asphyxia as a result of pressure over the neck.