SHANKAR DUSADH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been directed by the sole appellant named above against the judgment and order dated 1-6-2002 and 3-6-2002 respectively passed in Sessions Trial No. 207 of 1991 by Shri Ramanuj Narayan, 7th Additional Sessions Judge, Palamau at Daltonganj whereby and whereunder the appellant was found guilty for the offences punishable under Sections 302 and 436 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life for the offence punishable under Section 302 of the Indian Penal Code and R.I. for ten years for the offence punishable under Section 436 of the Indian Penal Code. However both the sentences were ordered to run concurrently.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 3 ) of P.W. 10, Naresh Ram, the husband of Bhagwania Devi, the deceased of this case, recorded by S.I., R. G. Singh of Hussainabad P.S. on 8-5-1990 at 6.00 hours at the house of the informant in village Pokhrahi, P. S. Hussainabad, District - Palamau regarding the occurrence which is said to have taken place on 7-5-1990 at 20.00 hours in front of the house of the informant in which Bhagwania Devi, the wife of the informant was done to death. The case was instituted on that very day at 11.30 hours as per Ext. 4, the formal F.I.R. and Ext. 2 is the signature thereon of S.I., Ram Ganesh Singh. The said fardbeyan and formal F.I.R. were received in the Court empowered to take cognizance on 9-5-1990.

(3.) The prosecution case, in brief, is that appellant, Shankar Dusadh alias Shankar Ram is the step brother of the informant and he was creating disturbances in the courtyard by raising hue and cry armed with 'Balua' and P.W. 7, Basanti Devi and Shanti Kumari (since dead), the daughters of the informant, told the informant, not to go in the courtyard as there is every possibility of bloodshed there and at this he made his exit from the courtyard and came outside his house. It is alleged that thereafter the appellant set fire the two rooms in the western side of the house which includes the exit passage of the said house and thereafter the appellant climbed over the thatched roof of the house armed with 'Balua' and started pelting tiles (Khapra) and he was uttering the persons assembled there to flee away failing which they shall be done to death. The prosecution case further is that Bhagwania Devi, the deceased of this case, came there from the south in the meantime in the front of the door of Bindeshwari Dusad and P.W. 8, Jaswa Devi was also present there. It is alleged that the appellant jumped from the said thatched roof in the courtyard of P.W. 8, Jaswa Devi and came outside of the said house armed with 'Balua' at the door of Bindeshwari Dusad, the husband of P.W. 8 aforesaid and at this, Bhagwania Devi aforesaid implored the appellant as to why he is creating such disturbances as it is matter of prestige due to the fact that the marriage of her daughter is to be solemnized and at this the appellant retorted that she has concealed her husband and has come to talk with him and the appellant gave a blow by the said 'Balua' on the left temporal region of Bhagwania Devi which caused deep bleeding injury as a result of which Bhagwania Devi fell down and died and the appellant was surrounded by the persons assembled there and apprehended. It is further alleged that P.W. 3, Birju Vishwakarma, P.W. 4, Ram Prasad Ram and several other persons have witnessed the occurrence in question.