MANGAL BODRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order of conviction and sentence passed by the learned 2nd Additional Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No.17 of 2001, whereby, the learned Trial Court vide order dated 9/12 September, 2002 has convicted this appellant for the offence punishable under Section 302 of the Indian Penal Code and punished him for life imprisonment and also for fine of Rs.2000/ in case of default, further rigorous imprisonment of one year has been awarded against this appellant, hence, the present appeal has been preferred.

(2.) The case of the prosecution is that P.W.1, who is the brother of the deceased, gave fardbeyan before Goel Kera Police Station, district West Singhbhum at Chaibasa on 06.07.2000 that on 05.07.2000 his sister was beaten by this appellant so severely that she was compelled to consume poison and therefore, she has expired. Previously, also several times, he has beaten his sister, who is the wife of this appellant. His sister is the second wife of this appellant and first wife of this appellant has also expired because of beating by this appellant. Marriage was solemnized between the appellant and the sister of the informant approximately six years prior to the date of occurrence, and therefore, investigation was carried out and the statement of several witnesses were recorded and charge sheet was filed before the Trial Court and the Case was committed to the Court of Sessions in Sessions Trial No.17 of 2001 and on the basis of the evidence given by P.Ws. 1 to 8 and also other documentary evidence on record, the learned Trial Court has convicted this appellant for the offence of murder of Daya Mani Bodra, who is the wife of this appellant, punishable under Section 302 of the Indian Penal Code and has punished him for life imprisonment and against this judgment and order of conviction and sentence, the present appeal has been preferred.

(3.) We have heard learned counsel appearing for the appellant, who has submitted that there are major omission, contradiction and improvement in the deposition of the prosecution witnesses. Moreover, the prosecution has failed to prove the offence of murder of Daya Mani Bodra by this appellant beyond all reasonable doubts. There is no eye witness of the incident. The so called eye witness P.W.2 is also not an eye witness of the incident. Moreover, looking to the F.I.R., theory of the prosecution are running counter to each other. It is also submitted by the counsel for the appellant that viscera report has not been brought on record, in fact the whole theory of the prosecution about consumption of the poison is baseless. This aspect of the matter has not been properly appreciated by the Trial Court and hence, the judgment and order of conviction and sentence passed by the learned 2nd Additional Sessions Judge, West Singhbhum At Chaibasa deserves to be quashed and set aside.