RAJU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard learned Amicus Curiae Mrs. Bakshi Vibha and Learned Additional Public Prosecutor Mr. Vijay Kumar Gupta representing the State.

(2.) This appellant has faced conviction under sections 302/201 of the Indian Penal Code by the impugned judgment dated 23.01.2013 in Sessions Trial No. 140/2011 rendered by the learned Court of Additional Sessions Judge, Simdega and has been sentenced to undergo rigorous imprisonment for life for the offence under section 302 of the Indian Penal Code with a fine of Rs. 2,000/- and in case of default, to suffer rigorous imprisonment for two years; further sentenced to undergo rigorous imprisonment for five years for the offence under section 201 of the Indian Penal Code with a fine of Rs. 1,000/- and in case of default, to suffer further rigorous imprisonment for one year, by order dated 31.01.2013. All the sentences awarded were to run concurrently.

(3.) Budhni Devi, maternal grandmother of the deceased Phulmani Devi (wife of the appellant Raju Singh), is the informant upon whose fardbeyan recorded at 17.30 hours on 17.06.2011 at Bano Bazar by the Assistant Sub Inspector of Police Ratan Lal Yadav, the formal FIR bearing Bano P.S. Case No. 16/2011 dated 17.06.2011 was registered under sections 302/201 of the Indian Penal Code at 20.00 hours. The informant alleged that on 17.06.2011 after the breakfast, she along with Phulmani Devi (deceased) and her husband Raju Singh (appellant) went to Bakra Pahad Forest to collect firewood. While she was collecting firewood at some distance, she heard an altercation / quarrel between her maternal granddaughter and her husband (appellant). The informant who was picking up the firewood was chased by Raju Singh (appellant) with an intent to assault her. She fled away and hide herself in a bush. Thereafter, Raju Singh chased her maternal granddaughter and started assaulting her with a tangi. The informant got scared and came back to her house and informed the father of Phulmani Devi, Ramesh Singh (P.W.3) that at Bakra Pahad Forest, Raju Singh, husband of Phulmani Devi, was assaulting Phulmani with a tangi. On hearing this, father of Phulmani Devi, Ramesh Singh accompanied the informant towards Bakra Pahad Forest and when they reached there, they saw Phulmani Devi dead. Her dead body had injuries on neck and around it and tangi was lying close by. Thereafter, the informant along with the father of Phulmani Devi, Ramesh Singh proceeded towards Bano P.S and on their away, met the police official of Bano P.S where her fardbeyan was recorded. On this assertion, she alleged that her maternal granddaughter has been killed by her husband Raju Singh, son of late Fagu Singh, village+P.S.-Bano by means of a tangi and he had concealed the dead body in a ditch. On this fardbeyan, she inscribed her right thumb impression and Mahavir Singh and Mahesh Singh (P.Ws. 1&2) also inscribed their signature as witness.