JUGAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 27.9.1996 and 29.9.1996 respectively passed by the learned Sessions Judge, Godda in Sessions Trial No. 135 of 1996, whereby the appellant was convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life. Jist of the charge for which he was put on trial, is that in the evening of 29.2.1996 in front of his house situated within village Pipra, he had inflicted fatal injuries on his cousin sister -in -law, Malti Devi (deceased), causing her death at the spot itself.

(2.) THE prosecution case was registered on the basis of the fardbeyan (Ext. -3) of the informant Kanhai Mahto (PW3) recorded at the place of occurrence at about 10 PM on the dale of occurrence on 29.2.1996. Case of the prosecution is that on 29.2.1996 while the informant was at his house situated within village Pipra, he saw that his mother -in -law Malti Devi (deceased) had gone to the wheat field nearby for cutting grass. Later, he saw the appellant Jugal Mahto approaching the lady at the field armed with Katta (sickle). At that time, besides the informant (PW3), his wife (PW6), his sisters -in -law (PW4, PW5 and PW10) were also present in the house. All of them saw that the deceased was brought by the appellant from the field on to the road in front of his house. They also saw that the appellant was in an agitated mood demanding answer from the deceased as to why she had got the names of her daughters mutated in the revenue records pertaining to her paddy lands and was insisting upon her to accompany him to the Revenue Office to get the names of her daughters cancelled from the revenue records. It is alleged that almost simultaneously, the appellant began assaulting the deceased lady with the sickle in his hand inflicting multiple injuries on several parts of her body including her palm, hands and neck, as a result of which the victim suffered death at the spot itself. On information, the police had arrived and recorded the fardbeyan (Ext. -3) of the informant. More police officers including the investigating officer (PW12) arrived at the scene. The police prepared the inquest report pertaining to the dead body of the deceased and had also seized a blood stained sickle lying by the side of the dead body and the corresponding documents were prepared in presence of the witnesses.

(3.) ALTOGETHER 12 witnesses were examined by the prosecution at the trial including the informant (PW3), the doctor (PW1) who had conducted postmortem examination on the dead body of the deceased, the investigating officer (PW12), witnesses to the inquest and the seizure of the blood stained sickle PW2, PW8 and PW11 besides the daughters of the deceased who had claimed themselves to be eyewitness to the occurrence.