GERAI MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Durga Charan Mishra and learned counsel for the State Mr. Arun Kumar Pandey, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 06.12.2007 and order of sentence dated 07.12.2007 passed by 5th Additional Sessions Judge (F.T.C.), Dumka in Sessions Case No. 203 of 2007 whereby the appellant has been held guilty for the offence committed and punishable under Section 302 of the I.P.C and awarded R.I. for life with fine of Rs.10,000/- and in case of default in payment of fine, he shall further undergo R.I. for 1 year.

(3.) The prosecution case is based upon the fardbeyan of Informant Matal Marandi (P.W.11) recorded by Sub Inspector of police, Dinesh Kumar Singh, Officer-In-charge Raneshwar P.S, on 28.03.2007 at 8.30 hrs. at Tilabani village at the house of the deceased. The informant has stated that in the night of 27.03.2007(Tuesday) at around 8 p.m., while he was in his house, he heard the brawl raised by wife of Gerai Murmu namely Sabri Hembrom aged about 40 years and her son Manoj Murmu aged about 10 years. The informant went to the house of Gerai Murmu (appellant) but at that time the door was closed and nobody has opened the door. The informant knocked at the door but when it was not opened, he came towards the courtyard situated in the eastern side and climbed over the boundary wall and entered into the courtyard of Gerai Murmu and saw that wife of Gerai Murmu namely Sabri Hembram (deceased) is lying in injured condition in the courtyard having bleeding injury on her head and she was groaning under pain. Gerai Murmu was having lathi in his hand and after seeing the informant he tried to flee away. The informant has further stated that he saw son of appellant namely Manoj Murmu lying in the room situated towards the south, having bleeding injury near his mouth and chin. Informant has further alleged that in the meantime, brother of the appellant Suniram Murmu also entered into the courtyard by climbing over the boundary wall and opened the door for other villagers to enter into the house. Several persons came into the house and thereafter they have inquired from Gerai Murmu about the occurrence, who disclosed that he has assaulted his wife Sabri Hembram and his son Manoj Murmu, as they were disturbing him. Gerai Murmu has tried to flee away but he was prevented by the co-villagers. Informant and others were arranging vehicle to take both the injured for treatment but in the meantime, Sabri Hembram, wife of Gerai Murmu died at the spot, whereas injured Manoj Murmu was taken for treatment by uncle Suniram Murmu at Mohulpahri Hospital. The informant and other prevented Gerai Murmu, who has killed his wife in the house, from going away. In the morning they got information that Manoj Murmu has also died during treatment. In the meantime, the Officer -InCharge of Raneshwar Police Station also came to the place of occurrence. The informant has alleged that Gerai Murmu son of Late Som Murmu, resident of village Tilbabani, Raneshwar Police Station, District Dumka has killed his wife by assaulting by means of lathi on her head and she died on the spot and her son Manoj Murmu, who was assaulted by 'baithi' ( sharp cut weapon) on his chin causing bleeding injury, died in course of treatment in Mahulpahari Hospital. Fardbeyan was recorded in presence of village Pradhan Bethual Hembram (P.W.1) in which informant has given his thumb impression.