NIMI CHAMAR Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 17th August, 2010, passed by the learned Sessions Judge, Palamau at Daltonganj, in S.T. No. 111 of 2007, whereby, the sole 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 R.I. for life and fine of Rs. 10,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Chhathan Bhuiyan, the husband of the deceased Joitri Bhuin, recorded on 03.08.2006 at about 6 A.M., at the door of one Gopal Bhuiyan, situated in village Lohara P.S. Patan, District Palamau, wherein the informant has stated that the occurrence had taken place on 02.08.2006 at about 7 P.M. in the evening, when Tilwa Chamain, wife of Nimi Chamar (the appellant), came near the house of Gopal Bhuiyan and asked his wife Joitri Bhuin that they shall have to give a way of 15 ft., otherwise her family members would be killed. His wife replied that let there be a meeting with the villagers whether there is any road or not. It is alleged that in the meantime, the appellant also came there and started abusing in filthy languages and threatening to kill, if the way was not provided to them. In the meantime, Vijay Ram, the son of this appellant also came armed with garansa, and gave it to his father, asking him to kill the wife of the informant. It is alleged that Tilwa Chamain and Viajy Ram caught hold the wife of the informant and the Nimi Chamar gave repeated blows of garansa, causing bleeding injuries on her neck and head, due to which she fell down and became unconscious. Munu Bhuiyan, Bageshwar Bhuian, Bimali Devi and other villagers who were also present there, had seen the occurrence, and though the informant and those persons tried to prevent the accused persons, but they were threatened by the accused by garansa. Thereafter the accused persons fled away. The informant with the help of his family members brought his wife on a jeep to Sadar Hospital, Daltonganj, from where she was referred to Ranchi for treatment, and while being taken to Ranchi, his wife died in the way, and thereafter they returned back to Sadar Hospital, Daltonganj, where the informant left his family members and villagers and returned to his village, where he gave the fardbeyan to the police, claiming that the accused persons had assaulted his wife by garansa due to which she had died. On the basis of the fardbeyan of the informant, Patan P.S. Case No. 128 of 2006 corresponding to G.R. No. 1100 of 2006, was instituted for the offence under sections 302 / 34 of the Indian Penal Code, against the appellant, his wife Tilwa Chamain and his son Vijay Ram, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.