BHIM THAKUR Vs. STATE

JUDGEMENT

(1.) THE appellant Bhim Thakur having convicted under section 302 I.P.C. for causing death of Sahdeo Thakur and having sentenced to undergo life imprisonment, has challenged the judgment and sentence dated 8th June, 1999 passed by the learned 3rd Additional Judicial Commissioner, Ranchi in Sessions Trial No. 730/96.

(2.) AS per Fardbeyan of Smt. Surdhani Devi (P.W.4), wife of the deceased, the case of the prosecution was that in the night of 26th July, 1996, the Informant Surdhani Devi (P.W.4) was sleeping in a room along with her three sons, namely, Prem, Dilip, Buteshwar and one niece, namely, Rina. In another room, situated on the Verandah, her husband Late Sahdeo Thakur and his younger brother i.e. accused Bhim Thakur were having a chat. The Informant, in the meantime, slept. At about 12 in the night, she (Informant) heard cry of her husband (deceased). On hearing such cry, the Informant alongwith her sons Prem Thakur and Dilip Thakur went to the Verandah and saw Bhim Thakur slitting the neck of her husband (deceased) with a razor causing deep injury and blood was oozing out. Her (Informant) husband (deceased) was in great pain. It was further alleged that when Bhim Thakur noticed her (Informant), he fled away along with razor after opening the door. On hearing Hulla, the co -villagers Sudhai Mahto, Dudhai Mahto (P.W.3), Charka Mahto (P.W.5) and Shyamlal Thakur (P.W.5) came at the place of occurrence and noticed the crime. The motive for the occurrence was stated to be previous strain relationship in between the brothers i.e. deceased and the accused Shim Thakur.

(3.) DUDHIA Mahto (P.W.3) who reached the place of occurrence soon thereafter stated that about two years ago at about 12 in the night, he was sleeping in his house. On hearing alarm, he went to the house of Sahdeo Thakur and noticed that the neck of Sahdeo Thakur has been slitted. The wife of Sahdeo Thakur disclosed him that Shim Thakur had slitted the neck of the deceased. He identified Shim Thakur on the dock. In the cross -examination, he stated that he was in his house at the time of occurrence.