BASUDEO MANJHI @ DULU MAJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 05.12.2013 and order of sentence dated 07.12.2013 passed by the 8th District & Additional Sessions Judge, Hazaribagh in Sessions Trial No. 123 of 2005 whereby and whereunder the court having found the appellant guilty for committing murder of Most. Lacho Kamin, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo R.I. for life and to pay a fine of Rs.10,000/-.

(2.) The prosecution case, as has been projected on the basis of fardbeyan (Exbt-2) by one Srimati Devi is that she was married to the present appellant, who was working as Mazdoor and from their marriage they are blessed with one son and one daughter. In her fardbeyan she stated that couple of years ago they settled in the village Thakurgora, where her husband after consuming liquor used to abuse and assault her and the children. Fed up with the behavior and attitude of her husband, she along with children came to her mother's house at Dumerbeda. She further alleged that her husband often came to her mother's house but continued with the same behavior. She further stated that her husband at present is a tractor driver. On last Thursday before the occurrence at about 9.30 p.m., the husband of the informant forcibly took her to his home at Thakurgora where she was confined in a room, but somehow she managed to flee from there and reached to her mother's house. On 28.03.2004 while she was sleeping along with other members of the family she heard a noise on the roof but she again fell asleep. At about 3.00 a.m being called up by her maternal uncle she woke up and moved outside where she saw that her husband was sitting upon her mother and pressing her neck and the face of her mother was covered with bedsheet and blanket. She started shouting for help to save her mother, meanwhile her husband killed her mother. Blood was oozing from nostril, mouth and ear and also a wound mark over the left ear. Thereafter her husband ran towards tractor where 2 to 3 persons were already there with whom he fled away. It has further been stated that the occurrence was seen by the informant and her maternal uncle in the light of an electric bulb. Upon hearing the noise many people gathered there.

(3.) On the basis of said fardbeyan, a formal F.I.R. was drawn. Thereupon, the I.O after holding inquest of the dead body, sent the dead body for post mortem which was conducted by Dr. Shiv Prasad Sinha - P.W-3. On holding autopsy the doctor did find the following injuries: Abrasion " x " over left chick near left ear, dried blood from left ear and nostril.