JIBI HONHAGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rohit Ranjan Sinha, learned Amicus Curiae, appearing for the appellant and Mrs. Nehala Sharmin, learned Special P.P.

(2.) The present appeal is directed against the Judgment of conviction dtd. 16/10/2003 and order of sentence dtd. 17/10/2003, passed by learned Additional Sessions Judge, Fast Track Court - II, Chaibasa, in Sessions Trial No.114 of 2003, arising out of Goilkera P.S. Case No.10 of 2003, corresponding to G.R No.118 of 2003, whereby the appellant has been convicted for the offence under Sec. 304(II) of the Indian Penal Code (IPC) and has been directed to undergo rigorous imprisonment for seven years .

(3.) The criminal law has been put into motion by lodging an F.I.R being Goilkera P.S. Case No.10 of 2003 against the sole appellant. The F.I.R has been lodged on the fardbeyan of informant namely, Songo Barjo (P.W.-2). The brief facts of the case is that on 26/5/2003 at about 2:00 a.m., wife of the informant had awaken the informant and said that what was going on as someone is calling him. After that he reached and saw that his neighbour Ramsai Honhaga was sitting in his angan. He asked that what happened then he said that "Uski Patni Mar Diya Ab Nahin Bachenge, Pani Pilao". Then he returned to his house for bringing water and when they reached there with water, Ramsai Honhaga was lying in the angan of Buka Barjo. The informant gave water to Ramsai Honhaga, till then, other villagers were gathered there. Informant saw after lighting that blood was oozing from his hand, leg and his intestine was protruded. Then informant brought 'Chadar' and covered the abdomen of the Ramsai Honhaga. According to the decision of the villagers, the father of Ramsai Honhaga was informed by sending a messenger namely, Reno Surin. At about, 7:00 a.m., father and brother of Ramsai Honhaga came. Ramsai also told them that his wife, Jibi Honhaga, has assaulted him with 'Basila' when he was sleeping in night. Ramsai was alive till then and later on he died. The villagers brought the dead body of Ramsai Honhaga along with his wife Jibi Honhaga to the police station and the statement of Songo Barjo was recorded there. Songo Barjo had made his statement in mundari language, which was translated in Hindi and proved by Mangra Dang.