SITA KUMHARIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Suchindra Prasad, Amicus Curiae and learned counsel for the State, Mr. Vikash Kishore, learned Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence both dated 20.09.2003 passed by learned Additional Sessions Judge, (Fast Track Court No. II), Chaibasa in Sessions Trial No. 109 of 2003, whereby the sole appellant has been convicted by the learned Trial Court for offence punishable under Sec. 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years. The present Criminal appeal has been preferred on 16.01.2004, as jail appeal and has been admitted on 04.11.2004. The appellant has been released on bail, by suspending her sentence by the same order passed on 04.11.2004, since then the matter is pending.

(3.) The prosecution case, as made out in the First Information Report, is based upon the fardbeyan of Sanika Munda (RW.1) recorded by S. I. Sri. Pran Ranjan Kumar, P.S. West Singhbhum at 16.30 Hrs., on 05.04.2003 at village Upari Bartoli, Konseya. The informant has alleged, that he has received information from the co-villagers, that Laro Kumhar, son of late Birsu Kumhar has been assaulted by his wife (appellant), due to which, Laro Kumhar has died. The informant along with other co-villagers went to the house of Laro Kumhar and saw the dead body of Laro Kumhar. The informant has stated, that he has gathered information from the co-villagers standing there, that in the night of 4th/5th April, 2003, wife (appellant) and husband Laro Kumhar after having liquor, fought and the wife (appellant) has assaulted her husband (Laro Kumhar) with fists and slaps, due to which her husband Laro Kumhar has died on 05.04.2003 at around 8.00 a.m. The informant has alleged, that being the village head (Munda), he has inquired from the wife of deceased (appellant) upon which, she (appellant) has stated that her husband Laro Kumhar went to bring his younger brother, Budhu Kumhar from Punjab and returned on Thursday, 04.04.2003 in afternoon alone and after having liquor both the persons (appellant and her husband) has fought and slept. Thereafter, in the morning her husband has complained about the chest pain, who has been given some household medicines. Laro Kumar could not urinate or ease himself and in the morning, at around 8.00 am, he (Laro Kumhar) died at the house.