CHANDRIKA SINGH @ CHANDRIKA SATNAMI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-2-158
HIGH COURT OF JHARKHAND
Decided on February 10,2009

Chandrika Singh @ Chandrika Satnami Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE sole appellant, namely, Chandrika Singh @ Chandrika Satnami, was put on trial for the charges under Sections 302/307 of the Indian Penal Code for committing murder of three persons, namely, Shyam Bai, her two sons Yamuna Prasad and Raja Babu, and also for attempting on life of Sanjay Prasad, son of the deceased -Shyam Bal Learned trial court having found the appellant guilty for the offence under Section 302 of Indian Penal Code sentenced him to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution is that on 17.2.1998, Kailash Prasad, P.W. 9, while was posted as Officer In -charge of Khelari Police Station, received a telephonic information at about 9 p.m. that someone at Mohalla Mohan Nagar has killed his family members. Upon it, a sanha was entered and then he alongwith other police personnel came to the place of occurrence, where the fardbeyan of one Babulal Satnami, P.W. 5, was recorded. According to Babulal Satnami, while he was taking tea in his Quarter No: 14 -179, he. heard sound of knocking of the door of the quarter situated adjacent to his quarter. When he came out, he saw the appellant knocking the door of his house. Thereupon, he came back to his quarter, but after ten minutes, he heard someone weeping and upon it when he came out, he saw Vijay Prasad Satnami, P.W. 6, running away from his house. When Babulal Satnami entered into the quarters of Rati Ram Satnami, he found Shyam Bai and her six month's old child, Raja Babu, killed who were under the P901 of blood and also saw Jamuna Prasad and Sanjay Prasad (P.W. 7) injured. By that time, the villagers had assembled over there and the police had also arrived before whom the appellant confessed that he had assaulted his. stepmother, Shyam Bai, and her sons with a piece of iron ball as well as hammer, as he was not being fed properly by her stepmother. 3. On the said fardbeyan, a case was instituted under Sections 302/307 of the Indian Penal Code against the appellant and the matter was taken up for investigation by Kailash Prasad, P.W. 9. The Investigating Officer, on finding Shyam Bai and Raja Babu dead, made an inquest on the dead bodies and prepared Inquest Reports (Exts. 4 and 4/1). He also seized hammer as well as iron ball under a Seizure List (Ext. 3). The Investigating Officer also got the blood soaked in a cotton ball and prepared Seizure List (Ext. 3/1). Thereupon, dead bodies of Shyam Bai and Raja Babu were sent for post mortem examination which was conducted by Dr. Saroj Kumar, P.W. 1. In course of autopsy, the doctor did find the following injuries on the person of Shyam Bal "1. Abrasions: (a) 1 c.m. on right cheek. (b) 3 c.m. x Y2 c.m. on right forearm lateral side middle part. (c) 2 c.m. x 1 c.m. on left elbow sack. 2. Lacerated Wounds: (a) 13 c.m. x 9 c.m. on left fronto perieto temporal region of head. The underlying bones were broken into pieces lacerating the brain matter. Few boney fragments were driven into the brain matter. A portion of brain matter had drained out. There was presence of blood and blood clot in the cranial cavity. Internal Injury: There was fracture of right humerus bone lower part.  The doctor issued post mortem examination report (Ext. 1) with an opinion that the death of the deceased -Shyam Bai was due to head injury caused by hard blunt substance may be by iron hammer or iron ball. The said doctor also found the following injuries on the person of Raja Babu, six month's old child: - "(a) Bruise: (i) 5 c.m. x 3 c.m. on right side of forehead. (b) Internal Injuries: There was diffused contusion of right fronto perieto occipital scalp with crack fracture of right fronto perieto occipital bone. There was contusion of right frontal lobe of brain with presence of subdural blood and blood clot over right hemisphere of brain.  The doctor issued post mortem examination report (Ext. 1/1) with an opinion that the death of the deceased -Raja Babu was due to head injury caused by hard blunt substance. It is also the case of the prosecution that when the injured -Jamuna Prasad Satnami succumbed to his injuries, autopsy on the dead body was done by Dr. Ajit Kumar Choudhary, P.W. 8, who found the following injuries: - "Lacerated stitched wound: (i) 2 x 1% c.m. x bone deep on left parietal region of head., (ii) 1% x 1 c.m. x bone deep on left parietal region of head, 2 c.m. below the preceding injury underneath. There was contusion of whole scalp. There was mosaic fracture both tampero parietal bone with separation of coronal suture. There was presence of extra dural and subdural, blood and blood clot over both hamisphere of brain. Abrasion: (i) 3 x 1 c.m. and 1 x % c.m. on right temporal region of head." The doctor issued post mortem examination report (Ext. 1/2) with an opinion that the death of the deceased -Jamuna Prasad Satnami was due to head injury caused by iron hammer or iron ball.
(3.) AFTER completion of the investigation, the police submitted charge -sheet upon which cognizance was taken and when the case was committed to the court of sessions, charges were framed to which the appellant pleaded not guilty and claimed to be tried.;


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