GARDI MUNDARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jitendra S Singh, learned counsel for the appellant and Mr. Satish Prasad, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 23/5/2012 (Sentence passed on 24/5/2012), by Shri Ghanshyam Kumar Mallik, learned 1st Additional Sessions Judge-Singhbhum West at Chaibasa in S.T. No. 90 of 2001(S), whereby and whereunder the appellant has been convicted for the offences under Sec. 302, 201/34 and 120B of the Indian Penal Code and has been sentenced to rigorous imprisonment for life for the offence under sec. 302 of the Indian Penal Code, rigorous imprisonment for two years for the offence under sec. 201/34 of the Indian Penal Code and rigorous imprisonment for three years for the offence under sec. 120B of the Indian Penal Code and all the sentences were directed to run concurrently.

(3.) The fardbeyan of one Palo Hembrom was recorded on 15/3/2010 at 7 a.m., in which it has been stated that her husband-Birsa Hembrom works as a Peon in Chaibasa Court and everyday he goes out for his duty on his bicycle. On 9/3/2000, her husband had left for his duty at 7 A.M. but he did not return. When on the next day also, he did not return, the informant became suspicious and he informed his son who stays in a hostel and both of them made a search at various places. It has been alleged that on 14/3/2000, the informant came to know that a dead body was found floating in a well at village-Punduguttu. On hearing such news, he went to Punduguttu along with her son and identified the body floating in the well as that of her husband. When the dead body of the husband of the informant was taken out from the well, several injuries were found on his person, which were perhaps inflicted with a sharp cutting weapon. In order to cause disappearance of the dead body, a stone was strapped on his right leg before being thrown in the well. It has been alleged that the husband of the informant was on inimical term with the accused-Gardi Mundari @ Diku for the last six months since the accused on the pretext of marriage had physical relationship with the daughter of Bara Sadhu Kalundia resulting in her becoming pregnant and on account of being related to Bara Sadhu Kalundia, he was pressuring the accused to solemnize marriage with Madey Kui, the daughter of Bara Sadhu Kalundia. Further allegation has been levelled that Gardi Mundari often used to come at night to the house of the informant and threaten her husband to not to get himself involved in the dispute. It was Gardi Mundari who had conspired and committed the murder of her husband and had thrown the dead body in the well to cause disappearance of evidence.