PAUL HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Rahul Saboo and learned counsel for the State Mr. Shekhar Sinha, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 25.02.2014 and order of sentence dated 28.02.2014 passed in Session Case No. 127 of 2011 by the learned District and Additional Sessions Judge-I, Dumka, whereby the sole appellant Paul Hansda has been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code for committing murder of his wife Budhani Soren and awarded rigorous imprisonment for life with a fine of Rs. 5,000/- and in case of default in payment of fine, appellant would further undergo three months of simple imprisonment.

(3.) Prosecution case is based on the fardbeyan of Mahabir Baski (PW-4), recorded by S.I. Ashok Kumar, Officer-in-Charge, Ramgarh Police Station, on 16.02.2011 at 13.30 Hrs. in the village Amarpur Sejatola. The informant has stated that the accused Paul Hansda along with his wife Budhani Soren (deceased) and children including daughter Basanti Hansda (PW-9) were living as a tenant in the house of Parsan Murmu, son of late Rasana Murmu for the last four months, as he was working as a tractor driver in the construction work being undertaken by the Railways. The house of Mahabir Baski is situated adjacent to it. It is alleged that on 15.02.2011 in the night at 10.00 P.M. when the informant was sleeping after taking dinner, he heard the noise of a girl who was crying that her mother is being killed by her father. Thereafter, the informant came out of his house and saw Basanti Hansda (PW-9), daughter of the accused Paul Hansda crying. In the meantime, her next door neighbor Mora Marandi (PW-5) also came there and thereafter both the informant and Mora Marandi entered into the room and found Budhani Soren lying dead on the cot. There was blood on her chest. The injury was penetrating, caused by a sharp pointed weapon, causing hole in the heart. The informant has further stated that the daughter of the deceased Basanti Hansda disclosed to them that because her mother has not cooked food in the night due to non-availability of the grocery, as such altercation took place between her father Paul Hansda and her mother Budhani Soren (deceased) and subsequently, Paul Hansda assaulted Budhani Soren by means of 'Bhala'. Informant has further stated that both the informant and Mora Marandi went to the house of Purni Tudu (PW-2) who also came there and inquired about the occurrence, where Basanti Hansda has also disclosed that her mother has been killed by a pointing 'Bhala' causing injury on her chest, due to which, Budhani Soren has died.