- (1.) APPELLANT -Sham Chand Singh Munda (hereinafter to be referred as 'accused' ) having been convicted for charge of Section 302 IPC for allegedly committing the murder of his wife in his in -law's house and sentenced to life imprisonment vide impugned judgment dated 23rd September, 2003 handed down by learned Additional Judicial Commissioner, Khunti has preferred the instant appeal, which has gone quite old being of year 2004. Not only that, the accused is also languishing in jail for the last about 13 years, as such priority has been given it for final consideration.
(2.) ALTHOUGH , case of the prosecution is hinging upon the evidence of as many as five witnesses from the paternal village of deceased, but PW -Jagdish Singh Munda, the real brother of the deceased happens to be the eye witness to the occurrence on whose statement, formal FIR No. 17 of 2002 dated 10th June, 2002 was also got registered within few hours of the occurrence. He alleges that deceased had married to the accused in year 1994 and was blessed with one son also, who on the date of alleged occurrence was aged about two years. It is further alleged that three days prior to the alleged occurrence i.e. 7th June, 2002 the deceased, accused and their son Raj Kumar had come to his house at village Naudhi. On the fateful day i.e. 10th June, 2002 at about 6.00 a.m. deceased was making Chapati as breakfast for others, when the accused who was holding a Tangi, in his hand, came inside the house, started abusing the deceased and then assaulted her with Tangi (sharp edged weapon). It is then alleged that on hearing voice of the deceased, he (informant) went inside and saw that his sister was dead. He is categoric in stating that at the time of occurrence he was in the courtyard of the house and could not make out that accused would go to the extent of killing his sister, in vernacular : "The reason for committing murder, as projected, is that both the deceased and the accused used to quarrel with each other. In vernacular "
(3.) THE present case was investigated by PW -Dhananjay Kumar Prasad, who got the autopsy done on the body of the deceased, recorded statement of the witnesses of the Village Naundhi and on completion of investigation filed Challan against accused, who was put to trial for the charge of Section 302 IPC, for which he now stands convicted and sentenced. In all, prosecution has examined the following six witnesses. PW -1 is Dukho Puran. He is not an eye witness to the occurrence and deposed that after hearing noise (Halla) when he came inside the house, he saw that PWs -Jagdish Singh Munda and Tej Nath Singh Munda were holding the accused and at that time accused was holding a Tangi, which, according to this witness, was blood stained. He further stated that he also noticed a Chappal lying there which was also blood stained. He then talks of reaching of the police at the spot. PW -2 is Jagidh Singh Munda. He has toed his earlier statement recorded by the police, which is the basis of registration of first information report. He proved his signature on the first information report. PW -3 is Buka Singh Munda. He also reached the place of occurrence after hearing noise and saw accused standing near the place of occurrence. PW -4 is Tej Nath Singh Munda. He deposed that after hearing noise, he reached the house of Jagdish Singh Munda and saw dead body of deceased lying on the ground. He further stated that he had caught hold of accused, who was having Tangi in his hand. PW -5 is Yadav Singh Munda. He toed the statement of PWTej Nath Singh Munda. PW -6 Dhananjay Kumar Prasad is the Investigating Officer of the case. PW -7 Dr. Ajay Kumar Jha conducted autopsy on the body of the deceased and found the following two injuries: (i) incised wound 2" x 1" x 4" neck structure deep. Cutting blood vessels nerves trachea and the esophagus; (ii) incised would 3" x 1/2" neck structure deep cutting blood vessels and nerves over right sub mandibular region below right ear. According to his opinion, injuries on the person of the deceased could be possible by a sharp cutting weapon, may be Tangi. Both the injuries were declared sufficient to cause death in ordinary course of nature.;