LAKSHMAN URAON, J. - (1.) THE appellant, Deoki Devi, has preferred this appeal against the judgment of conviction dated 26.7.2002 and the order of sentence dated 30.7.2002 passed by Shri Dilip Kumar Sinha, Sessions Judge, Lohardaga in S.T. No. 52/98/7/98, whereby and whereunder the appellant was convicted and sentenced under Section 302 IPC for committing murder of Khujha Devi.
(2.) THE prosecution case arises on the fardbeyan of Gouri Devi, P.W.7, recorded on 19.9.97 at 19.30 hours by the S.I, Priya Ranjan of Senha P.S., on which he registered Senha P.S. Case No. 48/97 on the same day under his endorsement and signature, Ext. 3, on the basis of which a formal FIR, Ext. 4, was drawn and after investigation chargesheet under Section 302 IPC was submitted against the appellant, Deoki Devi. The informant, Gouri Devi, was sitting alongwith her children and aunt mother -in -law, Sukhmain Devi, PW.3, near her house under a Pipal tree after taking lunch. Her mother -in -law, Khujha Devi (since dead) had gone to her paddy field for weeding out at about 11.30 A.M. At about 2 P.M wife of Gyan Mahli (appellant), was running towards the village from the side of river. When the informant asked the reason then she informed that she cut her mother -in -law and was going to P.S. the informant and her aunt mother -in -law, PW.3, Sukhmain Devi rushed towards the river. They met Gyan Mahli, husband of the appellant, who was going to the village running, and informed them that his wife, Deoki Devi, cut her mother -in -law, Khujha Devi, and is fleeing away. He informed that he is chasing his wife to assault her. The informant and PW 3 when went to the bank of the river then saw Khujha Devi lying on the bank of the river having an umbrella under her head. The blood was oozing out from her neck which was completely cut except some skin portion on the right side of the neck. Her right hand wrist was also cut completely. The informant started weeping. Thereafter some villagers assembled there who brought her to her home. Her mother -in -law, Khujha Devi, was sleeping on the bank of the river. At that time her neck and right hand wrist was cut by the appellant, Deoki Devi, with sharp cutting weapon. The prosecution has produced 11 witnesses in order to substantiate the charge framed against the appellant, Deoki Devi, under Section 302 IPC. PW -1, Bhuwaneshwar Mahli, when returned home at 2.30 P.M from Lohardaga then he came to know from Badho Oraon (since dead) that the appellant, Deoki Devi, caused murder of Khujha Devi on the bank of the river Koel. He went there and saw that the neck and the wrist of the right hand of Khujha Devi was cut and she was dead. He is not an eye -witness of the alleged occurrence. PW. -2, Nagendra Nath Kalindi, is a witness of the inquest -report, which was prepared in carbon process in his presence on which he signed, Ext.1. PW3, Suikhmain Devi, is the wife of PW -1. Bhuwneshwar Mahli, who was sitting alongwith the informant in front of her house. She also came to know from Gayan Mahli that his wife (Deoki Devi) murdered Khujha Devi, mother -in -law of the informant. She also went alongwith the informant, Gauri Devi, to the bank of the river Koel and saw the dead body of Khujha Devi. PW -4, Lalita Devi, PW -5, Purnima Kumari and PW -6, Ritu Kumari, were grazing the cattle on the bank of the river Koel. They are eye -witnesses of the alleged occurrence. PW -7, Gouri Devi, is the informant of this case and a hearsay witness and she was informed by Gyan Mahli while chasing his wife, Deoki Devi, alleging that she caused the murder of Khujha Devi P.W. -B, Dhaneshwar Mahli, is a hearsay witness and is a witness of the inquestreport prepared in his presence on which he signed, Ext. 1/3. PW -9, Aghindra Mahli, is a hearsay witness who came to know from Someshwar Oraon. PW -10, Dr. Shailesh Kumar, conducted the postmortem examination on the dead body of Khujha Devi and prepared postmortem examination report in his pen and signature, Ext.2. PW -11, Someshwar Oraon, is a formal witness who has proved the formal FIR, Ext.4, the fardbeyan recorded by the S.I, Priya Ranjan, and the inquestreport, Ext.5, PW -12, Munilal Singh, has proved the statements recorded under Section 164 Cr. P.C. by the then S.D.J.M., Shri Shambhu Nath Mishra on 29.9.97 of Ritu Kumari (Ext. 6), Purnima Kumari (Ext. 7), Lalita Kumari (Ext.B) and Gyan Mahli (not examined), Ext.9.
(3.) THE learned Sessions Judge, Lohardaga, considered the oral and documentary evidence, relied upon the evidence of the eye -witnesses, PW -4, PW -5, PW -6 and the Doctor, PW -8 and found the appellant guilty. He convicted and sentenced her under Section 302 IPC.;