NANDI DEVI Vs. STATE OF BIHAR
LAWS(JHAR)-2006-4-73
HIGH COURT OF JHARKHAND
Decided on April 25,2006

NANDI DEVI Appellant
VERSUS
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

- (1.) THE appellant, Nandi Devi, was tried for an offence of murder on the allegation that she committed the murder of her husband Etwa Tuti on 3.4.1994 in the village Bera within the police jurisdiction of Bandu. The Trial Judge, accepting the prosecution case, found the appellant guilty and sentenced her to imprisonment for life. She was also sentenced to imprisonment for three years under Sec.201 I.P.C. The present appeal is against the said conviction and sentence.
(2.) P .W.2 Joel Tuti is the cousin of the deceased Etwa Tuti and the appellant is the wife of the deceased. About ten years prior to the incident, the deceased Etwa Tuti went to Assam to earn his livelihood and met Nandi Devi, a girl from the village Tilma in the district of Ranchi. He married her and later both of them returned to village where they were living together. They had no issues, on account of which there were quarrels between the appellant and the deceased. On 6.4.1994 Jhagru Tuti, finding some foul smell emanating from the house of his brother, went there and found the doors locked. He peeped through the door which was in the rear side and saw the dead body of his brother lying on the ground with an injury on the head. The appellant was not found in the house. P.W.2 thereafter came and saw the body inside the house. The villagers gathered and the door was opened. They went to the house and found the deceased lying dead with an injury on the head. The body was found swollen and from the signs noted on the dead body, the villagers including P.Ws.2 and 4 realized that Etwa Tuti must have been murdered 2 or 3 days prior to 6.4.1994. Thereafter P.W.2 went to the police station and gave fardbeyan, Ext.2, on the basis of which a crime was registered and investigation was taken up by P.W.9 Sita Ram Singh. While the investigation was proceeding, P.Ws.2 and 4 went in search of the appellant and they went to the village Tilma, which is the native village of the appellant. She was found in the village and on being questioned by the witnesses, she told them that she has committed the murder of her husband Etwa Tuti. She also told them that after inflicting the blow on the deceased with Tangi, she had thrown it in a Bamboo groove. Later, the police was informed, who recovered the said Tangi by preparing a seizure list in which the witnesses have signed.
(3.) AFTER the inquest, the body was sent for post mortem with a requisition requesting the Doctor to conduct autopsy.;


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