PURNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.11.2003 passed by the then Additional Sessions Judge, F.T.C. -II, Bokaro in S.T. No. 137 of 2003/Suppl. S.T. No. 37 of 2003 whereby and whereunder, the court having found the appellant guilty for committing murder of his 9 months' old daughter -Sunita @ Yasoda convicted him for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, as has been projected, is that the informant -Satto Devi (P.W. 7), having 9 months' old daughter on her lap came to her parent's house along with her husband -Purna @ Puna Bauri (appellant) on the occasion of marriage of her cousin which got solemnized on 7.6.2001. After three days i.e. on 10.6.2001, when the appellant asked his wife to return back to her in -laws' place, the informant told that they will be leaving home at 10 O'clock after taking bath and meal and will be catching train at 3:00pm. As soon as the informant conveyed this, her husband (appellant) snatched her daughter from her lap and smashed her over the rock lying outside of the house as a result of which she died instantaneously. Subsequently, at 2 O'clock Mr. Ram Pravesh Choudhary, who was in the charge of Officer In -charge of Bangaria Sub Police Station, when received information that one man has killed his daughter, he made entry of the same in the station diary and proceeded to the place of occurrence at Village Murrabad. On reaching there, he recorded the fardbeyan (Ext. 1) of the informant -Sattu Devi (PW.7) who stated in the same manner as has been stated above. On the basis of which a formal FIR (Ext. 2) was drawn against the appellant. He himself took up the investigation during which he held inquest on the dead -body of the deceased and prepared an inquest report and sent the dead -body for postmortem examination which was conducted by Dr. Kaushalendra Kumar (not examined) who upon holding autopsy on the dead -body of the deceased found the following injuries: - -

(3.) THE postmortem examination report has been proved by another doctor namely, Dr. Ratnesh Prasad Verma who on going through the postmortem examination report (Ext. 4) did depose that the injury which was caused on the person of the deceased was sufficient enough to cause death in ordinary course of nature. Meanwhile, the Investigating Officer inspected the place of occurrence and found the blood spots at the rock over which the appellant is said to have smashed his daughter. He also recorded the statement of the witnesses.