JHUKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajeeva Sharma, learned senior counsel for the appellant and Mr. Pankaj Kumar Mishra, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 23/11/1996 passed by Shri Mahesh Prasad Tiwari, learned Additional Sessions Judge-V, Dumka in Sessions Case No. 72 of 1994, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code and has been sentenced to imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Mona Besra (P.W.13) recorded on 5/10/1993 in which it has been stated that on 4/10/1993 he and his family members after having meal at 8 p.m. went to sleep. The informant along with his wife and children were sleeping in the verandah in the western side of the house while his parents were sleeping in the room situated in the northern side of the house. His sister Sumi Besra, Dhanmuni Besra, Binju Besra and his aunt Lukhi Hansda and cousin sister Surajmuni Marandi were sleeping in a room situated in the southern side of the house. It has been alleged that around 11 p.m. on the alarm raised by his aunt and sister, he woke up from his sleep and in a nervous state came in the courtyard and saw Jhukar Marandi (appellant) with a knife leaving the house. The informant could not apprehend Jhukar Marandi, due to fear as Jhukar Marandi had a knife with him. His sister Surajmuni Marandi, Dhanmuni Besra and aunt Lukhi Hansda came crying and disclosed that Sumi Besra has been assaulted by Jhukar Marandi with a knife. At this, he went inside the house and found blood coming out from the left side of the neck of Sumi Besra and she was wriggling. When his family members started screaming, several villagers including Bariyar Besra, Somlal Besra had arrived and had seen the happenings. The informant started making arrangements to take his sister to Rampur Hospital, but in the meantime, she died. The reason for the occurrence is that Sumi Besra and Jhukar Marandi were in a relationship for the last 1 1/2 -2 years and though Jhukar Marandi wanted to solemnize marriage with Sumi Besra, but the parents of Jhukar Marandi were against such marriage and because of such objection his did not want to go to the house of Jhukar Marandi. About 10-15 days back Jhukar Marandi had expressed his desire to take Sumi Besra to his house, but she did not agree and for this reason Jhukar Marandi had assaulted her for which a meeting was also held in the village. In the meeting Jhukar Marandi had extended a threat to Sumi Besra that if she did not marry him, she will be done to death. Based on the aforesaid allegations, Shikaripara P.S. Case No. 17/1993 was instituted against Jhukar Marandi for the offence punishable u/s 302 of the I.P.C. On conclusion of investigation charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as Sessions Case No. 72 of 1994. Charge was framed u/s 302 of the I.P.C. which was read over and explained to the accused to which he pleaded not guilty and claimed to be tried.