SOMA PATAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dated 19.08.2006 and Order of sentence dated 25.08.2006, passed by the Additional Judicial CommissionerIIIrd, Khunti in Sessions Trial No. 310 of 2005, by which this appellant has been convicted for committing offence punishable under Section 302 of the Indian Penal Code, and thereby, sentenced him to undergo imprisonment for life.

(2.) The prosecution case is based on the fardbeyan of one Rahul Swansi, recorded on 14.03.2005, wherein he has stated that the deceased Phoolmani Devi is his own elder aunt. She had three daughters, who are already married. As she did not have any son, this informant was living with Phoolmani Devi since one and a half years. On 14.03.2005, in the afternoon at about 03.00 p.m., deceased Phoolmani Devi was sitting beside a Tamarind tree where Ghasia Devi was stitching a blanket (Gedra). At that time, accused/appellant Fase Patar, came there and demanded Rs. 100/ from the deceased Phoolmani Devi, which was taken by her from him 15 20 days back. The accused threatened that if the money will not be given to him, she will be done to death. Phoolmani Devi said that she did not have any money for the present and as and when she will arrange the money, she will repay the same. Phoolmani Devi returned to her house and informed the informant that Fase Patar has threatened her of dire consequences. The informant then advised Phoolmani Devi not to go outside, rather to cook food for the guests, who are there in their house. After taking lunch, the informant and his guests left the house and went near Kanchi river. They returned about 06.30 p.m. and saw the door of the house of Phoolmani Devi was open. When he went inside, it was dark. He lit the light (Dhibri) and saw blood on the floor and saw Phoolmani Devi lying there. He found that the throat of Phoolmani Devi was slit and there was no sign of breathing and she was dead. The informant then informed about the incident to his grandmother, sisters and neighbours, who immediately reached at the place of occurrence. He stated that on earlier occasion also Fase Patar had assaulted the deceased. The informant and others went to search Fase Patar, but he was not found. The informant, thus, reached to the conclusion that Fase Patar is instrumental in committing murder of the deceased by slitting her neck.

(3.) On basis of the aforementioned statement of the informant, Bundu P.S. Case No. 18 of 2005, corresponding to G.R. No. 132 of 2005, was instituted for offence under Section 302 of the Indian Penal Code, against the accused and investigation was taken up.