MISIR HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties finally.

(2.) This appeal is directed against the impugned judgment of conviction and sentence passed on 29th June 2004 and 30th June 2004, respectively by the Additional Sessions Judge-IV, F.T.C., Jamtara in Sessions Case No. 13 of 2003, convicting the appellants for committing the offence under Sections 302 of the Indian Penal Code and sentenced them to undergo R.I. for life and a fine of Rs. 1,000/-.

(3.) The prosecution case, in short, is that on 10/09/2002 at about 8.45 p.m. Rasik Hansda, who adopted the appellant Misir Hansda as son, stated that he has got land and on previous night at about 9 'O' Clock, he alongwith with his wife Bhabani Besra (deceased) went to bed. In the midnight he woke up hearing some sound and saw that the head of his wife is hurt and there was bleeding and then she died. At that time his son-appellant Misir Hansda with lantern in his hand, was walking to and fro restlessly. The informant understood that his son has killed his step mother. He asked his son the reason for killing. There was ho reply. The appellant went away from his room and slept in his room. The informant thought that if he raised alarm then the appellant would flee away. Therefore, he did not raise alarm and he went to the Chowkidar and other people of the village and informed about the occurrence. It is alleged in the F.I.R., that the appellant has apprehension that if his step mother Bhabani Besra got her own son, there would be partition in the properties and, therefore, he has killed her.