DHANBIR MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and order of sentence dated 19.09.2002 and 21.09.2002 respectively, passed by the Sessions Judge, Gumla in Sessions Trial No. 115/2001 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment.

(2.) The prosecution case in short is that Tijo Mundain [P.W.-3], sister of the deceased Nuni Mundain gave her fardbayan on 10.09.2000 at 5:00 p.m. at village Salami to the effect that Nuni Mundain was married with the appellant three years ago. On 07.09.2000, Nuni Mundain came from Sasural for celebrating Karma festival. On 09.09.2000, the appellant came between 7 to 8 p.m. in the house when her sister Nuni Mundain was alone with her small child. Tijo Mundain (P.W.-3) heard cry of Nuni Mundain when she was outside her house at the door. She entered into the house and saw that appellant was fleeing away from the house having Dabia Knife in the right hand. When she tried to stop him then he gave a push to her and fled away towards East. Her sister was crying in the room and when she went near, she saw that the left hand was cut and separated near the wrist and left leg was also cut above the fily and the foot of right leg was also cut and she was crying in pain. She told the informant that the appellant assaulted her with knife and cut her hand and leg. The informant further stated that Nuni Mundain was alive for some time and she was in speaking condition and, thereafter, she became unconscious and died.

(3.) Mr. Zaid Ahmad, learned counsel for the appellant assailed the impugned judgment on various grounds. He submitted that nobody has seen assault on the deceased. The injuries were not on the vital parts of the body and, therefore, it could not be said that there was intention to kill the deceased. Further had she been given proper treatment, she could have survived. There are contradictions and variations in the evidence of the witnesses. When the appellant was examined under Section 313 Cr.P.C., he took the plea of alibi. He also submitted that the defence had given suggestion to P.W.-3 that the two Oraon boys who had gone to bring Nuni Mundain from her Sasural might have killed her due to intimate relations and quarrel between them and the deceased. Therefore, he submitted that the prosecution has not been able to prove the case against the appellant beyond all reasonable doubts.