RAM NANDAN NONIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant has filed this appeal against the Judgment dated 18/19.04.2001, passed by 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 274 of 2000 whereby, the appellant was convicted under Section 302 of the Indian Penal Code for killing his own wife namely Jirwa Devi and has been sentenced to undergo R.I. for life.

(2.) THE facts in short are that on 23.09.1999, Fard Bayan was lodged by the informant namely Shiv Nandan Nonia, the brother of the deceased Jirwa Devi alleging therein that his sister Jirwa Devi was married to the appellant Ram Nandan Nonia about 20 years ago and out of their wedlock they had one son namely Bajrangi Nonia aged about eight years and a daughter Dulariya, aged about one year. On 23.09.1999, the informant received information at his house that his brother -in -law i.e. the appellant Ram Nandan Nonia, has killed his sister Jirwa Devi. At this, he rushed along with his brother Mahendra Nonia to the matrimonial home of the deceased located at Tapin 42 No. Colony and found his sister lying dead in her quarter in a cot having injuries on her body. The neighbours disclosed that in the night between 22 and 23.09.1999, the appellant was quarrelling with his wife (deceased) and in that course, he assaulted himself with Lathi and sticks resulting in her death. The informant further alleged in his Fard Bayan that the appellant used to assault the deceased in the past also. The Police, after registering the case, started investigation and on its completion, submitted chargesheet. On the basis of which, the cognizance was taken and the case was committed to the Court of Sessions where the charges were framed against the appellant under Section 302 of the Indian Penal Code, which he pleaded not guilty and thereafter, he was put on trial.

(3.) THERE is no eye witness to the occurrence. The whole case is based on circumstantial evidence. Out of 10 prosecution witnesses, P.W. -1 Ramdeo Nonia, P.W. -3 Suryadeo Nonia, P.W. -4 Rajendra Prasad Kushwaha, P.W. -5 Shambhu Kumar Mishra, P.W. -6 Sukhlal Nonia and P.W. -9 Ram Pravesh Nonia alias Chauhan are the witnesses who were declared hostile by the prosecution since they did not support the prosecution case. P.W. -2 is Doctor Amitabh Ganguly who held the Postmortem examination of the dead body of the deceased. P.W. -7 Mahendra Nonia and P.W. -8 Shiv Nandan Nonia are the brothers of the deceased and are only hearsay witnesses. P.W. -10 Saroj Kumar Singh is the Investigating Officer.