KOYA SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned Senior counsel for the appellant, Mr. A.K. Kashyap assisted by Mr. Sudhir Kumar, Advocate and learned counsel for the State, Mr. Ravi Prakash, Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence both dated 06.07.1996, passed by learned Sessions Judge, Gumla, in Sessions Trial No. 69 of 1994, whereby the sole accused/appellant has been convicted for offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life.

(3.) The prosecution case is based upon the fardbeyan of Ramchandra Singh (P.W.-7), recorded by Sub-inspector of police Sri R.N. Singh (P.W.-13), officer-in-charge Palkot police station at 09:30 A.M. on 19.01.1992 at village Dahupani Tola Basilapani. The informant has stated that on last Saturday (18.01.1992) at around 08:00 A.M., the informant went for grazing his she-goat in the forest and returned home at 11:00 A.M. After taking bath, he took lunch and was sitting in his house, when his daughter-in-law Lilawati Devi (P.W.-1) alongwith her younger sister Baby Kumari (P.W.-3), co-villager Kalawati Devi (P.W.-2) and daughter of informant Bahuro Kumari have returned to home after collecting fire wood at around 12:00 noon. After keeping fire wood, all the girls went to the well, situated on the north of the house of informant for washing their hands and legs. At around 01:00 P.M. informant's daughter-in-law Lilawati Devi (P.W.-1) came to the house, raising brawl and disclosed that Koya Singh @ Arun Singh (appellant) has killed her sister-in-law Bahuro Kumari. On hearing brawl, the informant went towards the place of occurrence and saw his daughter Bahuro Kumari in pool of blood on the northern side of the house below the big stone, who was crumbling in pain. The informant brought her under the tree, gave her water to drink and asked his son Dewa Singh (P.W.-8) to call villagers, as his daughter has been killed by Koya Singh @ Arun Singh. After getting the information Mahli Singh son of Dharam Singh, resident of Basilapani came there, in the meantime, daughter of the informant has died. Other co-villagers also came there and saw the dead body of daughter of informant. The informant has further stated that his daughter-in-law Lilawati Devi (P.W.-1) has disclosed that while they were returning after taking water, Koya Singh (appellant) son of Puna Singh, resident of village Kharpani Tola Gurrubera, Police Station Palkot came there having tabla (sharp cut weapon) in his hand and caught hold of the hand of daughter of informant and asked her, whether she is ready to live with him or not? On refusal made by the victim accused assaulted the victim by means of tabla (sharp cut weapon) causing injury due to which she fell down and thereafter the accused fled away. The informant has further disclosed that occurrence took place as during last Aghan month of the year, Puna Singh, father of Koya Singh @ Arun Singh (appellant) and co-villagers Matuk Singh and Bigu Singh came to the house of informant and asked whether he is ready to solemnize marriage of his daughter or not? Upon this the informant said that preceding year he had incurred plenty of expenditure over the marriage of his son, so he could not marry his daughter this year, but had promised to marry his daughter next year. It is because of this Koya Singh @ Arun Singh has killed the daughter of informant.