BISHU HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Lukesh Kumar and learned counsel for the State, Mrs. Niki Sinha, Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction, dated 08.01.2014 and order of sentence dated 16.01.2014, passed by learned District & Additional Sessions Judge-III, Dumka, in Sessions Trial No. 89 of 2011, whereby the sole accused has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded sentence of imprisonment for life with a fine of Rs.5000/- and in case of default in payment of fine, to undergo further simple imprisonment for two months.

(3.) The prosecution case is based upon the fardbeyan of informant Rameshwar Hembrom (P.W.-1) recorded by Sub-Inspector Janardhan Mishra at 07:45 A.M. on 25.01.2011 at the door of informant. The informant has stated that yesterday i.e. 24.01.2011 at 04:30 P.M. when the informant alongwith his wife Sanjali Baski were in the bari situated on the back of their house. Suddenly his son Bishu Hembrom came with tangi and called her mother Sanjali Baski as "Daain". On protest made by the wife of the informant and mother of the accused on calling "Daain", the accused assaulted indiscriminately by means of tangi, causing grievous injury on the head due to which she became unconscious and fell on the ground. On brawl other persons came and thereafter accused Bishu Hembrom fled away alongwith tangi. After some time, wife of Sanjali Baski has died at the spot itself. The informant has alleged the occurrence took place as his son Bishu is living separately from them in his sasural at Birajpur and has no cordial relation with his mother, as such with intention the accused came from his sasural assaulted his mother Sanjali Baski with tangi, causing death. The informant has claimed that his son has killed his wife by assaulting her.