BAMIYA PINGUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed under Sec. 374 (2) of the Code of Criminal Procedure against the judgment of conviction dtd. 14/9/2017 and order of sentence dtd. 16/9/2017, passed by learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, in Sessions Trial Case No. 241 of 2012, whereby and whereunder the learned trial court has convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and has sentenced to undergo R.I for life under Sec. 302 of the Indian Penal Code and fine of Rs.10,000.00 [ten thousand] and in the event of default of payment of fine convict was further directed to undergo rigorous imprisonment for six months.

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.

(3.) As per fardbeyan (Ext.1/3) of the informant P.W.8 Janki Kui, which was recorded by P.W.11-Sub Inspector of Police, Binod Oraon, Officer-in-charge, Manjhari P.S. on 23/6/2012 at 6.00 hours at near house of Badhai Pingua at Jangiburu, the case of prosecution, in brief, is that on 22/6/2012 at 05.45 p.m. in the evening her husband Birsa Banra (now deceased) was sitting alongwith Bamia Pinuga under tamarind tree situated in front of the house of Badai Pingua, where Bamia Pingua was making plough with adze, he demanded his due amount of Rs.250.00 from her husband. Her husband showed inability to return the due amount at once. Upon this Bamia Pingua inflicted blows upon him with adze on his head and the neck as a result of which her husband Birsa Banra @ Michai Banra died on the spot. Her fardbyean was read before her, she heard and understood it.