MANGRU KANDEYANG Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 16.4.1996 and Order of sentence dated 18.4.1996, passed by the learned 3 rd Additional Sessions Judge, Chaibasa, in S.T No. 394 of 1992, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Moti Kui, the wife of the deceased Budhram Gope, recorded on 26.8.1991 at about 2.00 PM, wherein, she has stated that on the previous day, i.e., 25.8.1991, on the occasion of Raksha Bandhan, she had gone to the village of her maternal cousin sister and at about 8.00 PM, she was returning to her house. When she reached near the paddy field of one Soma Ram Kandeyang, she saw her husband lying with bleeding injury on his neck. She wanted to lift to him, but he had already died. She has stated that it was the moonlit night and she saw the accused Mangru Kandeyang fleeing away with farsa. She raised the alarm. She has also stated that one Subhasini Devi had also seen the accused fleeing away from the place of occurrence. She has further stated in her fardbeyan that her brother Vishwanath Koda was in his house and he saw the occurrence from the house, whereupon he came running and he chased Mangru Kandeyang and he had apprehended him. By that time, Mangru Kandeyang had thrown the farsa. Claiming that accused Mangru Kandeyang had assaulted her husband to death by farsa, the fardbeyn was given by the informant, on the basis of which, Manoharpur P.S. Case No. 56 of 1991 corresponding to G.R. No. 270 of 1991, was instituted for the offence under Section 302 of the Indian Penal Code, against the named accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.