VISHNUDEO NARAYAN, J. - (1.) THE appellant named above has preferred this appeal against the impugned judgment and order dated 23.3.1990 in S.T. No. 18 of 1989/G.R. No. 409/88 by Sri Lala Anjani Kumar Sinha, 2nd Additional Sessions Judge, Gumla whereby and whereunder he was found guilty for the offence under Section 302, IPC for committing the murder of Mona Kumari and he was convicted and sentenced to undergo RI for life.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 1, Sugi Devi, the natural mother of Mona Kumari, the deceased of this case recorded on 21.7.1988 at 15.30 hours by S.I. E. Bodra of Palkot PS at her house in Village Lotwa, PS, Palkot, District Gumla regarding the occurrence which is said to have taken place in the night of 20.7.1988 when the dead body of the deceased was recovered from the well situate in the field of Mahto Uraon. The case was instituted by drawing of the formal FIR (Ext. 5) on the very day at 21.00 hours and the said fardbeyan and the formal FIR were received in the Court empowered to take cognizance on 22.7.1988. The prosecution case, in brief, is that her daughter Mona Kumari, aged about 18 years, had love affairs with the appellant and she was pregnant as a result of the said love affairs and she was having a pregnancy of five months caused by the appellant, who had made a promise with the deceased to keep her with him as his wife. It is also alleged that the deceased used to come to the house of appellant every night after taking meal and sometimes the appellant used to come to her house for taking her with him and thereafter the deceased used to return to her house in the morning. It is also alleged that the deceased also used to spend her night in the house of the appellant. The prosecution case further is that on Wednesday (i.e., 19.7.1988) the appellant came to her house and took the, deceased with him in her presence but in the following morning the deceased did not return to her house as usual and thereafter the informant made enquiry from Ghasi Singh, who is the father of the appellant, about the whereabouts of her daughter and she was told by him that her daughter had not come to his house in the night and she was further told on query that the appellant had gone to work in his field. It is also alleged that the informant further made anxious enquiry in the village but in vain. The prosecution case further is that the informant thereafter went in the Tand of Ram Kumar Nagasia in the company of her three years old grand son for throwing mama in the said field and in course of her work her three years old grand son, who was sitting under the chhapri for being protected from the rains, came near the said well and seeing him going there she went to the said well and found the dead body of her daughter Mona Kumari floating on the surface of water in the said well and thereafter she started crying and came to her house and narrated the incident to her husband and thereafter the villagers came there and witnessed the dead body of the deceased in the said well. It is further alleged that she has reasonable doubt that her daughter Mona Kumari has been done to death by the appellant and his family members and threw her dead body in the said well.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case on mere suspicion. It is also alleged that the deceased, who is a girl of questionable character, has committed suicide due to her frustration in love with Sewak Sonar of the same village. It has also been contended that this appellant has no illicit connection with her at all as well as the fact that she has not become pregnant as a result of the said relationship with the appellant and he has also denied to have called the deceased from her house in the evening a day prior to the recovery of her dead body.;