MAHENDRA MUNDA @ PANDU MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is arising out of judgment of conviction and order of sentence passed by Additional Judicial Commissioner, Ranchi in Sessions Trial No. 519 of 1990, whereby the learned trial court vide judgment of conviction and order of sentence dated 27.08.1993 /02.09.1993 has convicted and punished the appellant/accused mainly for the offence punishable under section 302 of the I.P.C. for life imprisonment and he has also been punished for the offence under section 201 of the I.P.C,. but no separate sentence has been awarded for the offence under section 201 of the I.P.C. Against this judgment of conviction and order of sentence, the present appeal has been preferred by the appellant.

(2.) IT is the case of prosecution that one Smt. Budheshwari Devi lodged an FIR on 17.01.1990 at about 7 p.m. that her husband, namely, Narayan Bhokta had gone to Gudidih on 17.01.1990 at about 13 hours on last Sunday and from there he had gone to Village Jonha Toli and then he left her in village Jonha Toli and went to visit a fare at Gautam Dhara. When her husband not returned from the fare, her younger brother Chandramohan Munda went in search for her husband at Gudidih but he could not find him out and on 17.01.1990 in the morning the informant came to know about the recovery of a dead body from a well then informant Budheshwari Devi went there and found that the body of her husband was recovered and his head was severed and had sustained multiple injuries. This F.I.R. was lodged by the wife of the deceased Budheshwari Devi. IT has also mentioned in the FIR that she suspected that her husband had illicit relations with one Balo Devi daughter of Chandra Bhokta and has also asserted that the some unknown persons killed her husband and concealed the dead body in a well. On the basis of FIR, the police recorded the statement of one Sri Budheshwar Munda @ Koria Munda ( P.W. 1) on 6th of February, 1990, who stated that he had seen the incident and his statement under section 164 of the Cr.P.C. was also recorded.

(3.) HAVING heard counsels for both the sides and looking to the evidences on record, it appears that the FIR was lodged by one Smt. Budheshwari Devi on 17.01.1990 at about 13 hours with Angara Police Station that her husband who had gone to fare at Gautam Dhara, has not returned. He had gone on last Sunday and on 17.1.1990, she came to know that one dead body recovered from a well nearby village Jonha. She rushed to the said place and found that the dead body was of her husband and his neck was separated from the body of the deceased. She had also stated in the FIR that she has suspicion that her husband had illicit relation with one Balo Devi daughter of Chandra Bhokta and therefore, he must has been murdered. This FIR has not given Exhibit number because Budheshwari Devi has expired as per deposition given of P.W. 7., neither the I.O. has been examined.