KESHWAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This criminal appeal is directed against the Judgment of conviction and Order of sentence dated 2nd August, 2005, passed by learned Additional Sessions Judge-I, Gumla, in Session Trial No. 235 of 2004, whereby the sole appellant has been found guilty and convicted for offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- for committing the said offence, and in default of payment of fine, he was directed to undergo simple imprisonment for four months.

(3.) The prosecution case is based on the fardbeyan of one Aghnu Oraon (P.W.4), wherein he stated that his younger sister Bullu Kumari was married to the accused Keshwar Oraon three years ago. Out of the said wedlock, a female child was born, who was about 1½ years old. Her husband used to often assault Bullu Devi and their relationship was not cordial because Keshwar Oraon was having illicit relationship with his sister-in-law (bhabhi). On 22.05.2004, when Bullu Devi came to her paternal home, she complained to her mother and her sister-in-law that the intensity of the torture had increased and her husband wanted to kill her. Thereafter, on 27.05.2004, this appellant was called by the informant and a panchayati was held, where the appellant assured that he shall keep his wife properly and shall refrain from assaulting her. On 27.05.2004, the sister of the informant, along with the appellant, left for her matrimonial home. On 04.06.2004 the informant came to learn that on the bank of Bandi Koyal River, near Narma Salaya Toli, a dead body of a female was lying in the bushes, whereupon the informant went there and found the dead body was of his sister Bullu Devi, from which it appeared that she was murdered by pressing her neck and the chest by lathi etc.