DHAN MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel Mrs. Alpana Verma, appointed by JHALSA to represent the appellant who has preferred this criminal appeal from jail and Mr. Azeemuddin, learned Additional Public Prosecutor representing the State.

(2.) Under appeal is the judgment of conviction dated 16.12.2014 and order of sentence dated 17.12.2014 rendered in Sessions Case No. 84 of 2012 by the Court of learned Additional Sessions Judge-I, Pakur where under the sole accused / appellant herein has been convicted for the charge under Section 302 of the I.P.C and sentenced to undergo R.I. for life with a fine of Rs.25,000/-, in default whereof, to further suffer R.I. for 2 years. The learned Sessions Court has directed the fine amount to be paid to the widow mother of the deceased, by way of compensation under Section 357 of the Cr.P.C.

(3.) The case of the prosecution was launched on the fardbeyan of the mother of the deceased Rosomuni namely Mangli Tudu, examined as P.W.8. Her fardbeyan was recorded on 06.01.2012 at Sadar Hospital, Pakur Female Ward by A.S.I Thakur Das Marandi, Pakur Police Station at 4.00 P.M. where under it was alleged that when the informant Mangli Tudu reached her home at Manglapara from village Talsha, she saw her daughter Rosomuni (deceased) lying, profusely bleeding due to serious injury on her head. Her daughter was immediately taken to Sadar Hospital and thereafter to Sadar Hospital Sonajori where she was given treatment in an unconscious state. She further alleges that she came to know that her son-in-law Dhan Marandi (appellant) son of late Mangal Marandi, resident of village Ranikola, P.S. Hiranpur District Pakur, who had been living at village Mangalpara, P.S. Pakur Town since few months in her house, has assaulted her daughter after an altercation on the demand of food from her and some delay in giving it. The accused picked up the 'Kudal' (spade) and assaulted the victim Rosomuni, informant's daughter on her head which resulted in injuries and she fell down. On these allegations, informant asserted that her son-in-law Dhan Marandi has, with an intention to kill, assaulted her daughter on the head with a 'Kudal' (spade) and rendered her injured.