ANJAY DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mrs. Manjula Upadhyay appearing on behalf of the appellant and Learned counsel for the State Mr. Suraj Verma, Additional Public Prosecutor.

(2.) Both these appellants are aggrieved by their conviction for the offence punishable under Zand sentence of rigourous imprisonment for life passed by learned 5th Additional Sessions Judge (FTC), Dumka in Sessions Case No. 147 of 2009 vide judgment of conviction dated 15.10.2009 and order of sentence dated 16.10.2009.

(3.) Fardbeyan of the Choukidar (1/4) Ashok Rajak is the basis for registration of the formal F.I.R being Dumka (T) P.S. Case No. 329 of 2008 under Section 302/34 of the I.P.C against these two accused / appellants. Informant alleged that on 31.12.2008 at 9.00 AM while he was on the way from his house through Shivpahar Harijan Tola, he noticed that large number of people had assembled near the west of the Harijan Tola High School and were taking about something. On inquiry, he came to know that Ramesh Das @ Chitputiya (deceased) S/o Late Jagdev Das of village Shivpahar Harijan Tola had gone outside to earn 6 month back and his wife Draupdi Devi @ Sumitra Devi (Appellant no.2) was staying along with his brother Anjay Das and Sanjay Das in the house. Draupdi Devi @ Sumitra Devi did not allow Sanjay Das to stay with them. She had, in course of their stay, developed illicit relationship with her younger devar Anjay Das (appellant no.1) and became pregnant. When the deceased Ramesh Das returned to his place in the preceding Dusherra, he inquired about her pregnancy and this led to his frequent quarrel with his wife and younger brother Anjay Das. Thereafter Draupdi Devi continued leading illicit relationship with her younger devar Anjay Das, which was the reason for frequent quarrel and also 'marpeet' between the deceased and his wife and younger brother. It is further alleged that in the night of 30/31.12.2008 Anjay Das and Draupdi Devi @ Sumitra Devi together caused the death of Ramesh Das by strangulation with a rope. Informant, on the basis of this information reached the house of the deceased and saw his dead body lying with black marks of rope around the neck due to strangulation and that blood and semen had oozed out from his private organ. Draupdi Devi gave a coconut rope and told that this was the rope used for his strangulation. This rope was about 3 1/2 feet in length