MANOJ KALINDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has challenged the judgment of conviction under section 302 IPC and under section 27 of the Arms Act dated 17.03.2008 and the order of sentence of R.I for life and fine of Rs.25,000/- under section 302 IPC and R.I for Three years and fine of Rs.5000/- under section 27 of the Arms Act dated 18.03.2008 passed against him in Sessions Trial No. 287 of 2007 by the learned Sessions Judge, West Singhbhum at Chaibasa.

(2.) The appellant is the husband of the deceased, namely, Suchitra Kalindi. He has faced the trial on the charge of committing murder of his wife with fire-arm.

(3.) The informant of this case, namely, Baijanti Kalindi is the mother of Suchitra Kalindi, the deceased. On the basis of her fardbeyan which was recorded in the morning of 26.06.2007, Jhinkpani P.S Case No. 30 of 2007 was lodged against the appellant. The informant has stated that in the morning of 25.06.2007 her daughter asked her husband to go to ACC Factory at Jhinkpani to attend his duty, however, he refused to go there and asked his wife to give him Rs.1000/- as he had to go to Chaibasa. His wife gave him Rs.1000/- and thereafter he left saying that he is going to Chaibasa. The daughter of the informant was married to the appellant about seven years back and for about one year her daughter lived in her in-laws house (sasural), but when she was carrying 6-7 months pregnant she came to her parents' house. After she gave birth to a child she again went to her matrimonial home, however, she came back to her parents' home as her husband was not providing proper treatment to her. The informant has stated that whenever the appellant asked her daughter to join him in her matrimonial home she had refused saying that he does not provide proper treatment to her and about ten days prior to the date of occurrence the appellant committed maarpit with her daughter and slapped her. In the night of 25.06.2007 when the appellant did not return home they retired to bed and her daughter slept in the adjoining room. At about 2:00 a.m in the night, on hearing sound like fire-cracker when she woke up she saw her son-in-law fleeing away with a pistol in his hand after committing murder of her daughter. She tried to catch hold of him by his shirt but somehow he fled away. On raising hullah her husband came and he also raised hullah, however, nobody came there. They saw a fire-arm injury on the forehead of their daughter, the blood was oozing out and she was writhing in pain and after sometime she died.