PALKO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Suraj Kumar, learned counsel appearing for the appellant and Mr. Saket Kumar, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 12/8/1998 (sentence passed on 13/8/1998) passed by Shri R. K. Dubey, learned VIIIth Additional Judicial Commissioner, Ranchi in S.T. No. 741 of 1996, whereby and where under the appellant has been convicted for the offence under Sec. 302 I.P.C and has been sentenced to undergo rigorous imprisonment for life,

(3.) The prosecution case arises out of the Fardbayan of Ajay Kumar Mahto recorded on 15/8/1996, in which it has been stated that on 14/8/1996 in the night, the informant after having his meals, went to sleep. He did not hear any unusual sound in the night. At around 4-5 a.m., he heard a sound of wailing of his mother at which he went and found his mother crying in the courtyard and when the informant went inside the room, he saw his father lying dead on the cot in a pool of blood. The mother of the informant had disclosed to him that she had committed the murder by means of a Kudal. The reason for the occurrence is that the father of the informant used to drink liquor and commit assault upon his mother. The father of the informant used to work in CISF and was posted at Madras but on account of his drinking habits, he was dismissed from service about 10 years back. A rickshaw and a tempo were purchased by the father of the informant but both were sold off and the entire money was spent on liquor. It has been stated that the father of the informant had also sold off one acre of land to satisfy his urge of drinking. A few days back, the younger son, aged 5 years, was brutally assaulted by the father of the informant who was in an intoxicated state. The mother of the informant, due to such activities of his father, lost her mental balance and committed the murder.