SHANKAR MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 26th of February, 2010 and Order of sentence dated 8th of March, 2010, passed by the learned Additional Sessions Judge, FTC, Simdega, in Sessions Trial No. 127 of 2006, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, on the allegation that he had committed the murder of his two wives. Upon hearing on the point of sentence, this appellant has been sentenced to undergo imprisonment for life and fine of Rs. 20, 000/-, for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Durjan Mahali, who is brother of one of the deceased. In his fardbeyan, he has stated that on 29.6.2006, while he was at his house at about 7.00 A.M., one lady Nilmati Devi, the wife of his sister's son Hira, brought a child, aged about 5 years, who was his sister's son from the accused, and informed him that his brother-in-law Shankar Mahli had committed the murder of both of his wives and had fled away from the house. On this information, the informant went there and found the dead bodies in the house. Sukhdil Mahali, another son of his deceased sister, came from a neighboring house, and informed him that on the previous day at about 5.00 P.M., the accused appellant brought liquor and he ate and drank with both his wives and there was some quarrel between them and, thereafter, he assaulted both of his wives to death and fled away. This witness saw the dead bodies of both the ladies in the house, and one axe was also lying there. He has stated that the ex-husband of his sister had died leaving behind his sister and two sons, and after the death of her ex-husband, she had married the present accused, and two sons from her ex-husband were living together separately, nearby. On the basis of the fardbeyan, Simdega P.S. Case No. 82 of 2006, corresponding to G.R. No. 235 of 2006, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused Shankar Mahli, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.