KUKNA CHAMPIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When the matter is called out, counsel for the appellant is absent. We, therefore, appoint Ms. Shrestha Priya, who is on the panel of Jharkhand State Legal Services Authority, as an Amicus Curiae to assist the Court on behalf of the appellant

(2.) The present appeal has been preferred by the appellant-accused against the judgment of conviction and order of sentence both dated 5th March, 2003 passed by the 1st Additional Sessions Judge, Chaibasa in Sessions Trial No.326 of 1997 whereby the present appellant-accused has been punished for an offence under Section 302 of the India Penal Code for life imprisonment.

(3.) The case of the prosecution is that on 21.04.1997 at 10.00 a.m., the informant Bamia Champia (PW.1) gave fardbeyan to police that yesterday on Sunday the informant had gone to his field for ploughing the field in the morning and his daughter-in-law Sombari Kui (PW.2) and his wife Randai Kui (deceased) were in the house. At about 11.00 a.m., the informant received the information that his wife Randai Kui, who was sleeping on cot in front of his house, was killed by informant's brother Kukna Champia (accused) by means of Tangi (Axe) at 10.00 a.m. and when informant's daughter-in-law Sombari Kui tried to save her, then accused Kukna Champa threatened her that he will also kill her. After killing informant's wife, his brother Kukna Champia after throwing Tangi (Axe) tried to flee from there, then informant's son-inlaw Dakua Kimbo and Nandu Champia chased Kukna Champia and caught him. On receiving this information the informant went to his house and found his wife lying dead on cot in pool of blood outside the door of his house and he found mark of grievous injuries on her neck, head, stomach and hand and a bloodstained Tangi (Axe) was lying there and also found his brother Kukna Champia, who was tied with rope in wooden log (Khunta). Thereafter, informant gave information of occurrence to Gangadhar Gope of Chhotanagpur Panchayat and Gangadhar Gope asked about the occurrence from Kukna Champia who confessed his guilt before Sarpanch Gangadhar Gope, informant's brother Tooti Champia and other villagers that due to getting less share in the partition of land, he killed his sister-in-law (Bhabhi) Randai Kui with Tangi (Axe) when she was alone lying in the cot in her house.