CHOYTA BODRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal arises out of the judgement of conviction dated 16.09.2003 and order of sentence dated 18.09.2003 passed by the learned Additional Sessions Judge, Fast Track Court -I, Chaibasa in Sessions Trial No. 7 of 1998, convicting the appellant under sections 302 IPC and sentencing him to undergo R.I. for life.

(2.) THE prosecution case in short is that in her fardbeyan recorded on 6.3.1997, the informant -Narmi Kandir (PW -2) stated that in the previous night she awoke on the cry of her husband and saw that the appellant was extracting tangi which was inserted near the eye of her husband. In the light of the dhibri (lamp) burning in the room, she identified the appellant. She also saw the other accused Sukhram Bodra standing outside the door of her house who was flashing torchlight on the deceased. On alarm, both the accused fled away. Her husband died due to the said injury. The cause of incident was that the appellant wanted to marry the step daughter of the informant which was protested by the deceased and for which the appellant had given threats of dire consequences to the deceased.

(3.) PW -2 is the informant.