CHANDAN HANSDA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) BY Court The sole appellant Chandan Hansda has challenged the impugned judgment dated 19/01/1991 passed by the 4th Additional Sessions Judge, Dumka Camp at Pakur in Sessions Case No. 53 of 1987/ 34 of 1989, whereby the trial court has convicted the appellant for the charge under Section 302 IPC and sentenced him to undergo R.I. for life.

(2.) THE facts, in short, are that the informant Milcho Baski (PW -2) gave a Fardbeyan on 24/02/1985 at 3.30 p.m. alleging therein that she and her three children were sleeping in her house and her husband namely Som Murmu (deceased) was also sleeping in a separate cot. Her two daughters Sita Murmu and Kapra Murmu were sleeping in the southern room whereas her father -in -law was sleeping in western Verandah of the house. In the dead night at about 1.00 a.m. some unknown persons dashed on the doors of her room, due to which she and her husband woke up and then saw that three persons were trying to enter in her house. Her husband tried to close the door but he failed. The accused persons entered in her house and started assaulting her husband indiscriminately by means of 'Lathi due to which her husband received head injuries and blood started coming out from his wound. The informant went to save her but she was also given two Lathi blows on her head by the accused persons due to which she also received bleeding injuries. Her husband fell on the ground and died. Hearing her cries, the neighbours assembled there but in the meantime, the accused persons fled away.

(3.) IN order to establish the charges, altogether 9 witnesses were examined on behalf of the prosecution. The trial court on the basis of the materials on record convicted and sentenced the appellant as already stated herein above.