GURWA PATAR @ GURUA PATAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant Gurwa Patar, who has been convicted by the 1st Additional Sessions Judge, Saraikella for the offence under Sections 302 and 201 IPC and has been sentenced to undergo R.I. for life for the offence under Section 302 IPC whereas R.I. for 3 years for the offence under Section 201 IPC for killing his own wife Sarla Devi, has filed this appeal against the said impugned judgment dated 30/05/2002 in Sessions Trial No. 35 of 1999.

(2.) The facts, in short, are that the informant PW-8 Ram Patar gave a written information to the police alleging therein that his daughter Sarla Devi was married to the present appellant Gurwa Patar in the year 1996 and about six months back some quarrel had taken place in between the husband and wife due to which the deceased Sarla Devi returned to her "Maika", i.e. the house of the informant in the month of June 1998 after she was badly assaulted by the appellant due to which she lost her one tooth also. After that she did not want to go with her husband to his house. However, since the appellant came to the house of the informant to take his wife back then after much persuasion she was sent with him. The informant used to get information about the welfare of his daughter regularly and even on 02/09/1998 he was informed that his daughter was pulling on well with her husband but on 04/09/1998 he received information that his daughter was ailing. On the next date, i.e. on 05/09/1998 he suddenly came to know that his daughter has died and then he went to the house of his daughter in Village Dhundadih, there he learnt that his daughter, who was pregnant, had gone to the nearby filed of her husband for working. The informant also learnt that the appellant went to the field where his wife was working and then he forcibly brought her to his house by assaulting her seriously on the way. It is said that he assaulted the deceased by legs and fist due to which she died after some time. Further allegation is that his son-in-law, i.e. the appellant was a Chowkidar in Ichagarh Police Station and, hence, none of the villagers could dare to protest though they had seen him assaulting the deceased Sarla Devi.

(3.) The police registered FIR, took up investigation and on completion of the same, submitted charge sheet against the appellant under Section 302 and 201 IPC. The case was ultimately committed to the Court of Sessions, where the charges were framed and on denial by the appellant, he was put on trial.