NEMBAR HANSDA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mrs. Abha Verma assisted by Mr. P. K. Verma, Advocate and learned counsel for the State, Mrs. Vandana Bharti, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 09.02.1996 passed in Sessions Case no. 176 of 1993 by learned Sessions Judge, Godda, whereby the sole appellant has been held guilty and convicted for the offence committed and punishable under Section 302 I.P.C and awarded imprisonment for life.

(3.) The prosecution case is based upon Fardbeyan of Khanhu Hansda (P.W.5) recorded by Sub-Inspector, Anirudh Prasad Singh (P.W.12) OfficerIncharge, Deodar Police Station on 18.6.1993 at 10:35 Hours at Village Sidhbak. The informant has stated in presence of Moti Pal (P.W.10), Munsi Kisku (P.W.6) and Sukal Kisku (P.W.4), that his widow Bhabhi, Ful Murmu, wife of Late Babulal Hansda has developed illicit relation with co-villager, Nembar Hansda (appellant) son of Bara Kanhai Hansda and because of such illicit relationship she has having pregnancy of four months. It is stated that his sister-in-law, Ful Murmu has disclosed the things to the co-villagers, Munsi Kisku (P.W.6), Paltan Hansda (P.W.7), Lakhiram Hansda (P.W.8), Mugu Marandi (P.W.2) , Som Hansda (P.W.1), Shivlal Marandi (P.W.9) and Loriyag Hansda (not examined) stating that on last Tuesday Nember Hansda is not solemnizing marriage nor taking action for termination of the pregnancy. Ful Murmu, sister-in-law of the informant has further disclosed that when she tried to say something to Nembar Hansda he used to give her threatening and he is solemnizing marriage with another lady of Idal Tola, Borwa Village, upon which co-villagers told her that matter will be decided in Panchayati by Friday dated 18.6.1993. But on the last Wednesday in the night when sister-in-law of the informant was sleeping in her room after taking dinner, Nembar Hansda entered into the room and pressed her neck, causing her death and thereafter the dead body was hanged from beam with rope and he fled away. In the morning, when the daughter of the victim, Churki Hansda aged about 14 years and sister-in-law of the deceased, Salami Hansda (both not examined) got up they saw the dead body. They removed the dead body from the beam and put her on the cot. The occurrence has taken place in the night of Wednesday dated 16.6.1993. Informant has claimed that accused, Nember Hansda has killed his Bhabhi because of social reputation and fear of Panchayati, by strangulating her and thereafter dead body was hanged from beam.