BINDU KUMHAR Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment and order of sentence dated 9th September, 1998 passed by the Sessions Judge Singhbhum West at Chaibasa in S.T. No. 61 of 1996 whereby and whereunder the appellants have been convicted under Section 302 of the Indian Penal Code and have been sentenced to R.I. for life.

(2.) The prosecution case in short is that the informant P. W. 7 was cooking food for her deceased husband and son in the night of 3rd July, 1992 in her house situated in Mauza Tujur, P. S. Sonua, . District Singhbhum west when one Mirgi Kumhar called out her husband. As further stated when she along with the deceased came out, all the appellants, named above, arrived suddenly and started assaulting her husband with Lathi. Further stated when her husband fell down, the appellant Birsa Kumhar picked up a stone and started assaulting the deceased on his head. When she protested she was also assaulted and threatened to be killed with her son. Thereafter she left the place of occurrence and hid herself along with her son nearby. In the morning she informed the village Munda P.W. 6 who arrived at the place of occurrence to find the Courtyard of house blood soaked and the husband of the informant missing. Thereafter the Villagers and village Munda informed the Manki P.W. 5 residing in another village who came next day in the village. According to the informant when the Munda and Manki caught hold of the appellants, they confessed their guilt and further disclosed that they had disposed of the dead body after cutting in river Karo. Accordingly a search was made by the Munda and Manki along with villagers during which parts of the dead body were recovered from distant places in the river. The villagers brought parts of the dead body and sent a message to police situated at a distance of 40 k.m. Thereafter the police arrived on 7-7-1992 to record her statement. According to her this incident has occurred because the deceased has given the appellants, her two stepsons, some lands for cultivation and denied to further part with other properties meant for her.

(3.) The police registered Sonua P.S. Case No. 30 of 1992 under Sections 302, 201, 323/34 of the Indian Penal Code against four persons and finally submitted charge sheet. The case of the appellants were committed to the Court of sessions for trial. One of the accused Mirga Kumhar absconded. Therefore charge was framed against these appellants by the trial Court on 6-8-1992. The appellants pleaded not guilty and claimed innocence. However, after considering, the evidence before it, the learned trial Court found and held all the appellants guilty under Section 302/34 of the Indian Penal Code and sentenced them as aforesaid.