CHANDRASHEKHAR,J. - (1.) Prakash Yadav was murdered by his wife and her paramour in the night of 07/08.09.2008. Barhi (Padma) PS Case No.175 of 2008 was registered on 07.09.2008 under section 302/34 of the Indian Penal Code against Jitendra Kumar @ Kahar and Munni Devi. In her fardbeyan which was recorded at 03:30 AM on 07.09.2008, Arti Kumari who is the daughter of the deceased has stated that Jitendra Kahar had illicit relationship with Munni Devi, her mother, for the last 4-5 years. In absence of her father, Jitendra Kahar would stay in the house with her mother and whenever she protested to the visits of Jitendra Kahar in the absence of her father her mother would beat her. She has further stated that her father had also scolded her mother for her illicit relationship with Jitendra Kahar. On 06.09.2008, at around 02:00 AM, Jitendra Kahar knocked the door while her father was sleeping in a room on the eastern side of the house. He was carrying a dab (dagger) which is generally used for chopping animals like goat. Her mother opened the door and Jitendra Kahar attacked her father with dab with an intention to kill him. Her father was crying bachao-bachao but her mother Munni Devi did not save him. The informant has stated that when she came to the room of her father she was pushed away by her mother while Jitendra Kahar continued indiscriminate attack on her father. On the basis of the fardbeyan of Arti Kumari a formal First Information Report was drawn-up; after the investigation a charge-sheet was filed against Jitendra Kahar and Munni Devi, and; a charge under section 302/34 of the Indian Penal Code was framed against them on 22.07.2009.
(2.) The prosecution has examined 14 witnesses to prove the charge against the accused, the informant is PW2. PW1 who is the younger brother, PW3 who is the son, PW4 who is the father, PW5 who is the mother and PW6 who is the sister-in-law of the deceased have deposed in the Court that the accused have eliminated Prakash Yadav due to their illicit relationship. PW9-Naresh Kumar and PW10-Dilip Kumar @ Pappu are the seizure witnesses who have proved the seizure-memo vide Exhibit-6/2 and their signatures thereon vide Exhibit-6 and 6/A. PW11, PW13 and PW14 are the police officers who were involved in investigation of the case at different point of time. PW11-Uttam Chand Pandey was the second investigating officer of the case and PW12-Pritam Mahto is the chowkidar posted at Padma Outpost who has produced the crime weapon and blood stained vest belonging to Jitendra Kahar in the Court. PW13-Madan Kumar Sharma has proved signature of the Director of State Forensic Science Laboratory, Ranchi and PW14-Gazi Safdar Hayat is the officer-in-charge, Padma Outpost who had recorded fardbeyan of Arti Kumari and seized the crime weapon and blood stained vest from the house of Jitendra Kahar.
(3.) The learned Sessions Judge-I, Hazaribagh has held that the testimonies of the related witnesses were consistent and these witnesses have corroborated each other on the material aspects of the case. The learned trial Judge has further held that the medical evidence leaves no manner of doubt that Prakash Yadav died due to injuries caused by Jitendra Kahar and the accused committed his murder in a pre-arranged plan in furtherance of common intention.;