PADMAWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SOLE appellant Padmawati Devi has challenged the judgment of conviction and sentence dated 18.6.2003 and 19.6.2003 respectively passed by Shri Alok Kumar Dubey, learned Additional Sessions Judge, Fast Track Court No.I, Gumla in Sessions Trial No. 43 of 1996, whereby and whereunder appellant was convicted under Section 302 IPC and sentenced to undergo R.I. for life.

(2.) INFORMANT Bahuran Gwala (PW. 3) on 1st November, 1995 had gone to village market Bilingbera, PS -Palkot, District Gumla and returned home at about 5.00 p.m. Thereafter as he was ailing, he had gone to village doctor to take some medicines. While he was returning, he heard sound of cry coming from his house. He rushed there. His elder brother Sahru Gwala (not examined) and his wife Sundai Devi (PW. 4) informed that Ramtorni Devi, mother of the informant, while had gone to answer call of the nature at about 5.30 in her garden, then appellant gave her axe -blow on her head and hand. Ramtorni Devi sustained grievous injury and in a pool of blood she fell down and became unconscious. The axe, the means of assault possessed by appellant Padmawati Devi, was snatched by PW. 4 Sundai Devi: in course of snatching, the handle of the axe broke resulting the axe portion was in the hand of PW. 4 with 2/3 handle and the remaining portion of the bamboo handle remained in the hand of appellant Padmawati Devi. After assaulting Ramtorni Devi, the appellant fled away. The alleged occurrence took place only because due to illness, son of Padmawati Devi had recently died. She was suspecting Ramtorni Devi to have played witchcraft on her son resulting his death.

(3.) LEARNED Additional. Sessions Judge, Fast Track Court No. 1, Gumla relied the evidence of PW. 4 Sundai Devi holding that her evidence was corroborated by doctor PW. 5 and also by her husband who is hearsay witness (PW. 3).