KERSE KORA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Ms. Suchitra Pandey appearing on behalf of the appellant and Learned counsel for the State Mr. Sanjay Kumar Pandey, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 30.1.2015 and order of sentence dated 05.02.2015 passed by learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial Case No. 44 of 2012, whereby the learned Trial Court has held the sole appellant Kerse Kora guilty for the offence committed and punishable under Sections 302 /201 of the Indian Penal Code and awarded rigourous imprisonment for life and a fine of Rs.10,000/- for the offence committed and punishable under Section 302 I.P.C and in default thereof, to further undergo rigourous imprisonment for 1 year. However, learned Trial Court has not awarded any separate sentence so far as the offence committed and punishable under Section 201 I.P.C. is concerned.

(3.) The prosecution case is based upon the fardbeyan of Informant Mahti Diggi (P.W.4) before the Sub Inspector of Police, Mahendra Baraik on the road near Sonua Police Station on 07.10.2011 at 16.30 Hours. Informant has alleged that today i.e. on 7.10. 2011 at around 9.00 AM, he got information about his daughter Sunita Diggi, wife of Kerse Kora, that her dead body has been found hanging from a tree in the village Mundri. On this information, Informant went to village Mundri and saw the in-laws of his daughter including several persons of the village Munda, Dakua and others were assembled there and his son-inlaw Kerse Kora was tied by the villagers. Informant has further stated that it was disclosed by Munda of Village Mundri that on 03.10.2011, father-in-law of the daughter of the informant, Budhram Kora (court witness) has informed him that his daughter-in-law is missing and his son Kerse Kora has fled away. Upon which, they have started searching but could not found, thereafter they informed the Police on yesterday i.e., on 06.10.2011, where after Kerse Kora was caught, who has disclosed that on 02.10.2011 he had some quarrel with his wife Sunita Diggi, upon which he has assaulted her by means of lathi causing her death and thereafter he has hanged the dead body from a tree. The Informant has further stated that he went near the said tree and saw the dead body of his daughter Sunita Diggi, hanging with a sari. The Informant has stated that his son-in-law, Kerse Kora, has assaulted his daughter by means of lathi causing death and to cause disappearance of the evidence, he has hanged the dead body from the tree. The dead body was identified and was brought to the village and the husband of her daughter Kerse Kora was brought to the Police Station. The fardbeyan of the informant has been signed by Ramlal Munda and Rando Banra.