Virender Singh, C.J. - (1.) APPELLANT -Parvati Gope (hereinafter to be referred as 'accused') is the daughter -in -law of Podu Gope (hereinafter to be referred as 'deceased'). As per the prosecution case, she assaulted the deceased with some sharp edged weapon in a room of house. There appears to be injuries on the person of the deceased caused by some heavy blunt weapon also as three ribs of the deceased were found to be fractured as one finds from the postmortem report. However, the weapon of offence is not recovered from the accused during the investigation of the case. She stands convicted for the charge of section 302 IPC and sentenced to life imprisonment vide impugned judgment of the learned Additional Sessions Judge, Fast Track Court No. -II, Chaibasa in Sessions Trial No. 159 of 2002. Hence, the instant appeal.
(2.) ACCUSED is said to be in custody for the last more than twelve years, therefore, keeping in consideration her incarceration period, the instant appeal is given priority and taken on board for its final consideration. First informant of the present case is PW Hati Ram Banra, who on an information supplied to him by his co -villager PW Dakua Mukru Banra, approached the police on 03.08.2002 stating therein that on 02.08.2002 at about 9.00 PM, deceased was assaulted and killed by his daughter -in -law (accused herein) by a sharp edged weapon. It is further stated in the first information report that after getting the information from the aforesaid Dakua Mukru Banra, he went to the house of the deceased and saw that his dead body was lying on one side of the room and accused was sitting on the cot outside the house. At that time, son of the deceased namely, Akhilesh Gope had gone to Gope Tola of that village in Shraddh Karm (last rituals of someone) and on his enquiring about the murder, daughter of the deceased namely, Sumitra Gope (appeared as a witness during trial) disclosed him that all her family members had gone to Gope Tola in Shraddh Karm and the deceased at the time was alone in the house and when at about 4.30 PM accused returned to her house from Shraddh Karm, at that time, her younger sister Pan Mai Gope (appeared as witness during trial) aged 08 years, had also come back. She heard some sound of fight in the room and when wanted to enter the room, the accused restrained her telling that she was killing snake in the room upon which Pan Mai Gope got frightened and again went to Shraddh Karm and when she (Sumitra Gope) came to her house, she saw that her father was lying dead in the room and there were mark of injuries on his face and neck. The accused at that time tried to run away from the house, but on raising alarm by her, villagers assembled there and asked the accused about the occurrence upon which, she stated that her father -in -law (deceased) always used to say that she should go to her parents house.
(3.) ON the aforesaid allegations, formal FIR being Muffasil P.S. Case No. 70 of 2002 dated 03.08.2002 was registered and investigation started. PW9 -Sheo Shankar Rajak is the Investigating Officer of the case who after completion of the investigation, submitted challan against the accused upon which she was charged for the offence punishable under section 302 IPC and now she stands convicted and sentenced as stated herein -above.;