DOBARO SINKU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 17.3.2006 and 20.3.2006 respectively passed in Sessions Trial Case No. 181 of 2004, corresponding to G.R. Case No. 135 of 2004, Gua P.S. Case No. 14 of 2004 whereby the sole appellant is convicted u/s. 302 IPC for committing murder with sentence of life imprisonment and three years rigorous imprisonment for the offence punishable u/s. 307 IPC and one year for offence u/s. 436 IPC. All the sentences were to run concurrently. The facts of the case as per the fardbayan is that on 19.3.2004 at 4 p.m. informant Dosama Guiya was standing before her house. At the same time accused Dobaro Sinku came along with bow and arrows and chased Salai Sinku for shooting him with arrows but he fled away. After that accused set on fire house of Salai Sinku. When Mangta Sinku and other villagers came to extinguish the fire, accused chased them with his bow and arrows and shoot arrow on Mangta Sinku. Arrow struck Mangta Sinku on his thigh, due to which he became injured. After that at 8 p.m. accused again came to house of informant. At that time informant and her mother in law were in house. Accused asked the mother -in -law of the informant to bring before him, her daughter -in -law. Informant due to fear shut the door. Then accused shoot her mother -in -law with arrow. Arrow struck her stomach, due to which she fell down and became unconscious and died after some time. On information of this occurrence, police came to village on 20.3.2004, informant gave her statement before police regarding the occurrence at 12:15 hrs.

(2.) On the basis of the statement of the informant this case was registered as Gua P.S. Case No. 14 of 2004 corresponding to G.R. Case No. 135 of 2004 and after investigation of the case police filed charge -sheet against the accused for committing offence punishable u/ss. 302, 307 and 436 IPC. The learned CJM took cognizance of the offence on the basis of charge -sheet. Case was solely triable by the Court of Sessions hence, it was committed to the court of sessions. Charges u/ss. 302, 307 and 436 IPC were framed against the accused Dobaro Sinku and read over and explained to him in Hindi, to which he pleaded not guilty and claimed to be tried. The accused was accordingly tried in the Court of the Additional Sessions Judge, Chaibasa, West Singhbhum. At the conclusion of trial he was convicted of the offences under Sections, 302, 307, 436 IPC and sentenced as aforementioned. Hence, this appeal.

(3.) P.W. -6, Dosama Guiya is the informant in this case. She has supported her fardbayan in her evidence. She has stated in her evidence that the incident occurred in summer. The accused Dobaro Sinku came to the house with bow and arrows and a sword. She has stated that he shot an arrow at her mother -in -law (fufi -saas) which got lodged in the abdomen of her mother -in -law, Chando Guiya (Kui). She also said that before this, he had also shot an arrow at Mangta Sinku and it had also got stuck in his thigh after this he set on fire the house of Salai Sinku.