KRISHNA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated on 24th February 2004 and 25th February 2004, respectively, passed by the Additional Sessions Judge, F.T.C. No.III, Gumla in Sessions Trial No. 116 of 2000, whereby and whereunder the Court having found the appellant guilty for committing murder of Mangri Devi, convicted the appellant for the offence under Sections 302 of the Indian Penal Code and sentenced him to undergo R.I. for life.

(2.) THE case of the prosecution is that the deceased Mangri Devi had gone to a field to keep watch over 'Mahua' alongwith her two daughters Urmila Kumari (PW1) and Lila Kumari (PW2). While the deceased was sitting under a tree and her both the daughters were playing some yards away from that tree, the appellant Krishna Singh came there armed with Tangi and assaulted the deceased causing injuries resulting into her death. Both the daughters, after seeing this came down to their house where she informed to their father Budhuwa Singh, the informant (PW8), when he returned home from Kamdara. On knowing this, the informant (PW8) alongwith her two daughters accompanied with Arjun Singh (PW4), Somra Singh (PW5) and others came to the place of occurrence where they did findthe dead body lying on the ground. The matter was informed to the Chaukidar, who, in turn, informed to Janki Ram (PW9), SubInspector of Police of Kamdar Police Station, who recorded the said information in the station diary and proceeded to the place of occurrence, where he did find the dead body. There he recorded the fardbeyan of the informant PW8. Upon which, FIR (Ext.1) was drawn and the case was registered under Section 302 of the Indian Penal Code against the appellant. He took up the matter for investigation. During investigation, he held inquest on the dead body of the deceased and prepared the inquest report (Ext. 6). He also seized earth smeared with blood under seizure list (Ext. 7).

(3.) ON completion of the investigation, the police submitted charge sheet. Upon which, cognizance of the offence was taken and the case was committed to the Court of Sessions where the appellant was put on trial.