BINOD SAO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 28.11.2006 and Order of sentence dated 29.11.2006, passed by the learned Additional Sessions Judge, F.T.C.-VI, Hazaribag, in S.T. No. 12 of 1988, whereby, the sole appellant, who is the husband of the deceased, has been found guilty and convicted for the offence under Sections 302 / 34 of the Indian penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs. 2,000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of the F.I.R lodged by the informant Budhni Devi at Barkatha Police Station on 1.6.1987. The informant is the sister-in-law (gotni) of the deceased, and sans the unnecessary details in the FIR, she has stated that the accused, Binod Sao had married another lady, in spite of the fact that his first wife Gorwa Devi was living. Thereafter, there was a panchayati, in which, it was decided to give some land to the first wife of the accused. On 28.5.1987, some land was transferred in name of Gorwa Devi at Koderma and thereafter, they returned back to the house. It is alleged that on the same night at about 8:00 P.M, the father-in-law of the informant Deepan Sao, her mother-in-law Ritia Devi, her sister-in-law (nanad) Faguni Devi, her brother-in-law (bhaisur) Binod Sao, i.e., this appellant, and the newly married wife of Binod Sao, namely, Urmila Devi, forcibly dragged Gorwa Devi to the well. The informant also wanted to follow them, but she was prevented by the accused persons. She has also stated that another accused, Uttim Nayak was also present there and all of them strangulated Gorwa Devi and put her in the well. In the night, when her husband returned back, she informed her husband about the occurrence whereupon, her husband tried to search her and found the dead body in the well and thereafter, the police case was instituted. It is also alleged in the FIR that Rs.2000/- was given to the said Uttim Nayak for committing the murder of Gorwa Devi. On the basis of the F.I.R, Barkatha P.S Case No. 20 of 1987, corresponding to G.R No.285 of 1987, was instituted for the offence under Sections 302, 120-B / 34 of the Indian Penal Code, against the named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.