NARESH SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) Sole appellant is aggrieved by the impugned Judgment of conviction under Section 302 of the Indian Penal Code dated 28th June, 1993 and Order of sentence dated 3rd July, 1993 imposing sentence to undergo life imprisonment passed by the 3rd Additional Sessions Judge, Hazaribag in S.T. No. 301 of 1990.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the Informant Meera Devi @ Nira Devi recorded by S.I., M.Ram of Chauparan P.S. on 28.07.1989 at village Kubari at 12.00 noon wherein she stated that today in the morning at about 7 a.m. Madan Thakur came to her village Bherwa, P.S.Itkhori, District Hazaribagh and informed that her parents were murdered in the previous night by unknown person. On getting such information, she rushed to her Naihar where she found the dead bodies of her father and mother lying in a pool of blood on two separate cots in the inner Verandah. It is further stated that the father of the informant were two brothers, the elder being Ishwar Singh. Her father had about five/six acres of land which was being ploughed by him but due to old age, he intended to transfer his land to her daughter and son-in-law as she was the only issue of her parent. After knowing this intention, her cousin brother accused Ram Naresh Singh became angry and threatened and assaulted her father. Her cousin did not like that the land of her father would be transferred to her. She further stated that about 2/3 months ago when her husband came to see her parents, her cousin accused Naresh Singh and Dharmraj Singh had suspicion that husband of informant had come for effecting transfer of the land in his name, so they confined him in a room and assaulted. Her husband was released on the condition that he would not come again to the village and he would not take step for transfer of the land in his name otherwise he would be killed. It is further stated that a month ago, her father told that after some time he will go to court and will transfer all his lands. When accused Naresh Singh and Dharamraj Singh knew this fact they threatened her father and forbade him from transfer of land in the name of her daughter and son-in-law. It is claimed in the F.I.R. that accused Naresh Singh and Dharmraj Singh murdered her father and mother with sword in the night while they were sleeping. It is further stated that accused Naresh Singh confessed his guilt and handed over sword concealed in the maize field before the witnesses which was used in killing the parents of the informant.