JAYANT SABAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajeev Ranjan Tiwary, learned Amicus Curiae and learned counsel for the State Mr. Abhay Kumar Tewari, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 28.06.2013 passed by the learned District and Additional Sessions Judge, Ghatsila in Sessions Trial Case No. 220 of 2009 whereby the sole appellant Jayant Sabar has been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 2,000/- and in case of default in payment of fine, appellant has to further undergo rigorous imprisonment for six months.

(3.) Prosecution case is based upon the fardbeyan of Sunita Sabar (PW-5) recorded by the Sub Inspector of Police Bipin Bihari Verma (PW-7) on 21.10.2007 at 10.00 A.M at Sabar Tola. The informant has alleged that in the previous night at 8.00 P.M. after taking dinner, informant was sleeping with her husband Jayant Sabar (appellant). In the midnight at 12.00 P.M. when she woke up to attend the call of nature, she saw that her husband and her daughter Shakuntala Sabar aged about 9 months were not in the house. The informant has further stated that she went before her father-in-law, Surendra Sabar and mother-in-law, Manu Sabar and informed them about the same. Thereafter, all of them have started searching both her husband and daughter in the nearby vicinity. The informant went to the house of his neighbour Chunra Mahto and village Pradhan Ramesh Chandra Mahato and searched them, but they could not find their location. After two hours at around 2.00 A.M., Jayant Sabar (appellant) came with the baby on his shoulder from the west side of the house. On inquiry made, her husband did not said any word. When the child was taken forcibly from his lap, she was found dead. The child has sustained injuries on the left side of the head which was compressed and blood was oozing out from the nose and ear. On inquiry, Jayant Sabar (appellant) has confessed that he has taken the child and killed her by thrashing on the ground and pressing her. The informant has alleged that her husband Jayant Sabar used to say that she has illicit relation with someone and from the said relationship, the child Shakuntala Sabar is born. For this, informant was also assaulted by her husband. Informant has claimed that her husband aged 25 years has taken the child Shakuntala Sabar from the bed and took her out of the house, killed her by thrashing on the ground and pressing her and return with dead body.