ANITA KUMARI AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE appeals are directed against the judgment of conviction and order of sentence dated 12.7.2004 passed by the Additional Sessions Judge III, Dhanbad in S.T. No. 564 of 2002 whereby and hereunder the court while acquitting the appellants, Nathuni Nonia and Shanker Belder did find other seven appellants guilty for committing murder of Rekha Devi @ Punam Devi and accordingly, convicted them for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) THE case of the prosecution is that the informant Binod Belder,P.W.2, brother of the deceased Rekha Devi @ Punam Devi, had gone to his sister's in -laws' place on 1.8.2002 where he was informed by his sister that she is being assaulted by her husband who has repeatedly been saying that he will take another marriage. On 2.8.2002 he left for Deoghar. On 5.8.2002 Poresh Nonia (one of the appellants) came to his house and in informed that his sister has died on 4.8.2002 on account of receiving burn injury. When he came to his village on 6.8.2002, he was told by his niece Neha Kumari (daughter of the deceased) that on 4.8.2002 an altercation took place in between her grand father and father Nathuni Nonia and Azadi Nonia. During that altercation, the deceased Rekha Devi when intervened in the matter, Rekha Devi (one of the appellants) Phuwa of P.W.1 started altercating with the deceased by saying that she is not bearing male child. In that course, sita Devi (one of the appellants) the grand -mother of P.W.1 started altercating with the father of P.W.1 during which Rekha Devi (Phuw of P.W.1) also joined. During that course, grand -mother Sita Devi assaulted her mother Rekha Devi (deceased) with a piece of stone (meant for grinding spices) and the appellant Rekha Devi also started assaulting her mother. Thereupon the appellant Poresh Nonia pushed the deceased from the stair. Meanwhile, the appellants Sumitra Devi and Anita Kumari, another Phuwas of P.W.1 came from a place known as Godhar and started abusing the mother of P.W.1. The appellant Anita Kumari by pulling hair of her mother assaulted the deceased. Meanwhile, grandmother, Poresh Nonia and Binod Nonia (both uncle of P.W.1) caught hold of hand of the deceased and the appellant Rekha Devi, poured K. Oil over the deceased and Sita Devi, the grand -mother of P.W.1 put her on fire. At that point of time, Azadi Nonia father of P.W.1 was sitting over the stair to whom she requested to save her life but he did not do anything rather said that he will be taking another mother for her. While her mother was burning, she was shouting for help. Meanwhile, her Phupha Shanker Chauhan (Belder) came and poured water over the deceased. Thereafter grand -mother, father Azadi Nonia and Shankar Chauhan (Belder) took the deceased to hospital. Meanwhile, Anita Kumari and Sumitra Devi washed off the room.

(3.) AFTER the occurrence, Neha Kumari, daughter of the deceased along with other two sisters came to her maternal grand -father's house where she informed to her uncle Binod Belder (P.W.2), who had returned home from Deoghar on 6.8.2002 about the occurrence. Accordingly, Binod Belder, P.W.2 submitted a written report (Ext.1) before Jogta police station, upon which a case was registered against nine accused persons. The matter was taken up for investigation by Ram Nandan Prasad (P.W.16), who after holding inquest on the dead body of the deceased on 5.8.2002 sent the dead body for post mortem examination which was conducted by Dr. Shailendra Kumar (P.W.8). The doctor during post portem examination did find Dermo on epidermal ante mortem burn injuries all over the body of the deceased. Scalp and hairs were partly burnt and were sinzed.