RAIMON LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant was put on trial on the accusation of committing murder of his wife Balbanti. The trial court having found the appellant guilty for the charge convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, vide its judgment dated 8.6.2004 and sentenced him to undergo imprisonment for life, vide its order dated 9.6.2004.

(2.) The case of the prosecution as has been projected in the Fardbeyan (Ext. 5) of the informant Ignesia Xaxa (P.W. 3) is that on 18.2.2003 while she was in her house, she heard Balbanti (deceased) calling upon her to help her out as she is being assaulted by her husband. On hearing this, she by raising alarm rushed to the house of the appellant where she found the door of the house of the appellant closed. When they requested the appellant to open the door, the appellant told them to go away. Thereupon the informant and other villagers broke open the door and entered into the room where they found the appellant having Tangi with him but he threw on the corner of the room. They also did find Balbanti, on whose person number of injuries were there, died. The villagers tied down the appellant so that he may not flee from there. The appellant disclosed to them that he has killed his wife as his wife was intending to kill him by applying black magic.

(3.) On the next day, i.e. 19.2.2003, Shivnath Prasad (P.W. 8) the then Officer -in -Charge of Raidih Police Station received information at about 8.15 a.m. that one woman has been killed by her husband in village Kasir Tangar Toli. Such information was entered into a Station Diary and the Officer -in -Charge, Shivnath Prasad proceeded to the place of occurrence along with the police party. On coming to the house of the appellant, Shivnath Prasad (P.W. 8) recorded the Fardbeyan (Ext. 5) of the informant Ignesia Xaxa (P.W. 3). He himself took up the investigation during which he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 7) upon which a formal FIR (Ext. 8) was drawn and the dead body was sent for post mortem examination which was conducted by Dr. Manvendra Kumar Singh (P.W. 1), who upon holding autopsy did find following injuries.