BIMLA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment of conviction and order of sentence dated 24.6.2004 and 26.6.2004 respectively passed by Additional District and Sessions Judge, Fast Track Court-1 at Chaibasa, in Sessions Trial No.37 of 2004, arising out of Muffasil P.S. case no.128 of 2003, corresponding to G.R. No.482 of 2003 whereby and whereunder the appellant was found having guilty of committing murder, has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution on the basis of the fardbeyan of Dasun Devi (P.W.6) is that on 26.11.2003 at about 100 noon she along with her daughter Rita Devi (deceased) had gone to Khetro Pond to take a bath. After taking bath, she took the child of Rita Devi in her lap and sat on the bank of the pond. While Rita Devi was taking bath, Bimla Devi (second wife of Suresh Sao) came there and pelted a brick on her but it did not hit her. Again Bimla Devi tried to throw another brick but Rita fled from there and entered into the house of one Adivasi. Bimla Devi chased Rita having a knife in her hand and finally caught her. The informant tried to rescue Rita but Bimla assaulted on her chest with a knife and fled away. Rita was taken to the hospital but she died during the course of treatment.

(3.) On the basis of aforesaid fardbeyan, Muffasil P.S. Case No.128 of 2003 was registered under Section 302 of the Indian Penal Code. After investigation, the police submitted charge sheet against the appellant under Section 302 of the Indian Penal Code. Cognizance of the offence was taken and the case was committed to the Court of Session which was registered as S.T. Case No.128 of 200