LAWS(JHAR)-2019-2-181

DURGA SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On February 26, 2019
DURGA SINGH Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Sudhir Kumar and learned counsel for the State Mr. Vinay Kumar Tiwari, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 10th May 1996 and order of sentence dated 13th May 1996 passed by learned VIth Additional Sessions Judge, Palamau, Daltonganj in Sessions Trial Case No.365 of 1992, whereby appellant no.1 Durga Singh and appellant no.2 Mangal Singh (whose case has been abated vide order dated 4.2.2019) have been convicted by learned Trial Court for the offence committed and punishable under Sections 302/34 of the Indian Penal Code and sentenced them to rigorous imprisonment for life.

(3.) The prosecution case is based upon the Fardbeyan of Parmeshwar Singh (Informant-P.W.1) recorded by Sub-Inspector of Police on 6.4.1992 Monday at around 12.30 noon at the police station, in presence of Lal Bihari Singh son of Chamru Singh. The informant has alleged that in the morning at 4 A.M. his step mother Rajbasiya Devi wife of Nilamber Singh along with her maternal grand daughter Sarojni Kumari (P.W.8) aged about 10-12 years went to collect Mahuwa fruits towards eastern side of her house. At that time Durga Singh son of Baksu Singh and Mangal Singh son of Shankar Singh, both residents of village Barahmanwa, Police Station Chhatarpur, District Palamau, having Tangi and Garansa in their hands came there and after abusing the step mother of the informant and alleging her to be a Daain, Durga Singh assaulted by means of Garansa and Mangal Singh assaulted step mother of the informant by means of Tangi, due to which step mother of the informant fell there and died. Informant has stated that this information has been given to him by Sarojni Kumari and thereafter the informant went there and saw the beheaded corpus of his step mother and blood was found at the place of occurrence. Informant has stated that on brawl raised by him Raju Bhuian son of Mahli Bhuian, Tapeshwar Singh son of Kunwar Singh, Prasad Singh son of Sukhlal Singh and Prayag Singh son of Maradhu Singh, all residents of village Barahmanwa, P.S. Chhatarpur, District Palamau came there and saw the dead body of mother of the informant. The informant has further stated that when the occurrence has taken place he was also collecting Mahuwa towards eastern side at Jhumelwa Badhar. The occurrence has taken place in the morning at about 4.30 A.M.