SHEO DAYAL KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT -Sheo Dayal Kumhar (hereinafter to be referred as 'accused') is stated to be languishing in jail for last 14 years, as such, priority has been given to this case for its final consideration.

(2.) DECEASED in this case is one Birsa Kumhar and the accused is his brotherin -law (real brother of wife of the deceased). Wife of the deceased is the first informant and she approached the police on 10.08.2000, made a statement that on 07.08.2000 at about 7.00 - 8.00 PM she was in her house along with husband (deceased) when Muni Devi, wife of the accused, came there and took her husband with her for taking liquor. It is further alleged that Muni Devi, the accused and Shankar Kumhar served liquor to the deceased and then committed his murder by assaulting him with Tangi near the house of PW -Bitu Mahto. She further alleges that the accused threatened her to leave the place, otherwise she would also be killed, consequently she concealed herself in her house. The reason for the present occurrence, as projected by her, is that her daughter Malawati aged 03 years had fallen ill few days prior to the occurrence and they had brought one chicken from the house of the accused for offering it to the God and for this reason, all the three accused killed her husband and threw his dead body besides the railway line.

(3.) IT needs to be mentioned here that Muni Devi and Shankar Kumhar could not be nabbed by the investigating agency, as such, declared absconder and challan was filed against the accused only who was charged for the offence punishable under sections 302/34 IPC for which he now stands convicted and sentenced vide the impugned judgement of learned Sessions Judge, Gumla dated 29.05.2003.