PURAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30.08.2003 and 02.09.2003 respectively, passed by the Additional Sessions Judge, Fast Track Court no. I, Bermo at Tenughat, in Sessions Trial No. 274 of 1994, convicting the appellant under section 302/201 of IPC and sentencing him to undergo R.I. for life. The prosecution case in short is that the informant (P.W-16) gave a written report to the police on 7.5.1993 to the effect that on the previous day i.e. on 6.5.1993 at about 9.30 P.M., his mother told that his sister Phulo Devi, wife of the appellant, had died, as per the information received by her from the villagers. It was also informed to her that after killing his sister, she has been hanged. The informant went and made queries, to which the appellant replied that Phulo Devi has committed suicide by hanging at about 11 A.M. in the day. When the informant asked him to show the dead body, the appellant told that the door was closed from inside. Nothing was visible from outside and the door was closed. On this, the informant asked the appellant as to how he knew that Phulo Devi has committed suicide by hanging if nothing was visible from outside and the door was closed from inside and why the informant party was not informed about the occurrence. The appellant did not give any satisfactory reply. The villagers told that Phulo Devi was not seen from the morning and about a couple of days back, there was quarrel between Phulo and her 'Sautan', due to which Phulo was assaulted by her inlaws and then she was killed and then hanged with rope. Phulo was married with the appellant about 8-9 years back. About 2-3 years thereafter, the appellant contacted second marriage. Thereafter, there was Panchayti, in which the appellant assured that he will keep Phulo properly but even then she was tortured by the appellant and his family members, for which again there was a Panchayti on 13.5.1992, in which the appellant was not agreeable with the opinion of the mediators and started quarreling with the informant party. The brother of the appellant signed on the Panchnama. Thereafter, due to conciliation by the family members, the appellant brought Phulo Devi to his house. In the month of February, Phulo came to her parents house. She told about tortures done by the appellant and his family members to her.

(2.) The prosecution examined 18 witnesses. P.Ws. 1, 4, 7, 8 and 9 are the hostile witnesses. P.W-5 is the tendered witness. P.W-15 is the photographer. P.W. 17 is the doctor, who conducted postmortem. P.W-18 is the I.O.

(3.) Learned Counsel for the appellant referring to the evidences of the witnesses submitted that the witnesses consistently said that there was only one door in the room and it was closed from inside and in that room, Phulo was found hanging from the ceiling. Therefore it is submitted that this is a case of suicide by her. It is further submitted that only some of the witnesses said that they saw blisters or redness on the body of Phulo Devi, It was also submitted that there was no motive for the appellant to kill his wife.