GOBARDHAN RAJBANSHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is against the order of conviction and sentence passed on trial by Sri Surya Kant Mishra, Sessions Judge, Hazaribagh, in S. T. No. 17/1992 against the appellant Gobardhan Rajbansi whereby and whereunder the learned trial Court held the appellant guilty of an offence under S.307 I.P.C. and sentenced him to undergo R.I. for life.

(2.) The appellant admittedly was the husband of the deceased Lodhia Devi. One Md. Aziz, PW1, was unloading a truck of the Dhillan Transport at about 10.30 to 11.00 AM on 29-7-1991 when he saw that the accused holding the hand of his wife Lodhiya Devi came out from the shop of Gopal Seth and came in front of his shop and he started assaulting her by spade which he was possessing in his hand, firstly on waist and back and thereafter, on the head of Lodhiya Devi for four times and thus, hit on her head and above her neck on back. Lodhia Devi fell down and a crowd assembled and in the meantime one jeep of Bhera Singh came there on which the said Lodhia Devi was taken to hospital in injured condition. After the crowed had assembled Gobardhan Rajbansi along with spade fled away. The said Md. Aziz made his fardbeyan, Ext. 3, on 24-7-1991 at Golpark Dhillan Transport near Sathish Cinema Hall at 2.30 hours and alleged that in order to kill his wife the accused had assaulted her in the aforesaid manner.

(3.) It transpires that at 4.30 p.m. on 24-7-1991 from the bushes standing in the corner of tank near Ganth More in presence of two witnesses, namely, Lal Mohammad, P.W. 8, and Nazir Mohammad (not examined) the police had seized one broken spade. The edge of which was 6" and which had also some blood stains. The seizure list was made Ext. 5 and the signature of the seizure list witnesses put on the seizure list were made Ext. 2 and 2/1.