DHOTAN BHUIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by this Court for the appellant, and learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 15.12.2005 and Order of sentence dated 21.12.2005, passed by the learned Sessions Judge, Chatra, in Sessions Trial No. 75 of 2005, whereby, the appellant has been found guilty and convicted for the offence under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and further imprisonment for one year and a fine of Rs. 5000/- for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Durgi Devi, the sister of the deceased Faguni Devi, who was married to the accused-appellant Dhotan Bhuian. Both the sisters were married in the same village, namely, Chandar Pakaria, in the District of Chatra, and their houses were also situated nearby. The fardbeyan of the informant was recorded in Leda Semara forest on 14.10.2004, where the dead body of the deceased was found, though it is stated by the Police Officer recording the fardbeyan, that it was recorded in the Police Station. The informant has stated that on 14.10.2004, in the early morning at about 3.00 A.M. she went to wake up her sister Faguni Devi for going towards the forest for easing themselves, when she found her sister lying dead in the house. She asked her brother-in-law as to how her sister had died, but he did not reply anything. The informant also found that there were marks of assaults on the dead body of the deceased. She stated that in the previous night, i.e., 13.10.2004 at about 09.30 P.M. her brother-in-law was assaulting her sister, and hearing the noise, she had gone there and had forbidden him from assaulting her. She has alleged that the accused was in a habit of assaulting her sister and used to say that he will kill her. Upon seeing the dead body, she went to inform her another brother-in-law Shankar Bhuian, upon which Shankar Bhuian also came there, but they found that by that time the house was locked and nobody was there, even the dead body was not found there. Thereafter they went out in search of the dead body and found the dead body in Leda Semara forest, concealed with leaves, and the accused had fled away. In the meantime, the police came there and her fardbeyan was recorded, wherein she alleged that the accused had committed the murder of her sister assaulting her by some hard and blunt substance. On the basis of the fardbeyan, Chatra Sadar P.S. Case No. 229 of 2004, corresponding to G.R. No. 777 of 2004, was instituted for the offences under Sections 302 and 201 of the Indian Penal Code, against the accused Dhotan Bhuian, and investigation was taken up. After investigation, the police submitted the charge sheet against the accused.