BHAGWAT MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 10.9.2004 passed by the Sessions Judge, Dumka in Sessions Case No.45 of 2004 whereby the appellant having been sentenced to undergo imprisonment for life besides a fine of Rs. 1000/- and in default thereof, to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution, in brief, is that on 20.10.2003 at 10 a.m, the informant along with her daughter Rakhi Kumari had gone to collect wood outside the house. It is alleged that at 11.30 a.m. when the informant returned to her house and entered into courtyard, she heard hulla of Aagori Devi, mother-in-law of the informant, and thereafter the informant along with her daughter proceeded towards the direction from where the hulla was coming. It is further alleged that the informant went to the room of her mother-in-law and saw that brother-in-law, Bhagwat Mandal (son of the deceased) was assaulting Aagori Devi (deceased) by "Dao" and that the deceased fell down. Thereafter the informant and his daughter started shouting and also asked Bhagwat Mandal, whereupon the accused replied that he has killed his mother, Aagori Devi. It is further alleged that on hearing hulla of the informant, villagers assembled there and the accused fled away towards north direction of Arhar field along with 'Dao'. It is alleged that the informant noticed that her mother-in-law had died and she had received injury on her neck, left ear and on the head from where blood was oozing out. It is further alleged that Bhagwat Mandal used to quarrel with the deceased, as because on demand of money, the deceased showed her inability to pay the same.

(3.) Thereupon the Sub-Inspector of police, Devendra Prasad Singh (P.W.12) recorded the fardbeyan (Ext.5) of the informant. On the basis of the said Fardbeyan (Ext.5), a formal FIR (Ext.6) was drawn and a case was registered under Section 302 of the Indian Penal Code against the accused person. Devendra Prasad Singh (P.W.12) himself took up the investigation, during which, he held inquest on the dead body of the deceased Aagori Devi and prepared an Inquest Report (Ext.1). Thereafter the dead body was sent for post mortem examination which was conducted by Dr. Vinoy Sharan (P.W.11), who on holding autopsy on the dead body did find following injuries.