- (1.) In this appeal, the appellant Bishwanathan Goder @ J. Bishwana-than challenged the judgment of conviction and order of sentence dated 5.7.2000 passed by 1st Additional Sessions Judge, Jarnshedpur whereby and whereunder he has been convicted for the offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life.
(2.) The case of prosecution in short as per the fardbeyan of Smt. Andal dated 24.10.1996 is that the daughter of informant, namely, Shanti (deceased) was married to Bishwanathan Goder @ J. Bishwanathan (appellant) in the year 1990. After three months of the marriage, the appellant assaulted Shanti and driven her out from the house. In this connection a case was lodged under Jimeri Police Station in the State of Tamil Nadu. Thereafter the informant along with her daughter came to Jarnshedpur and started living there. After one and half months, the appellant along with his father came to Jarnshedpur and on assurance that they will cordially behave with Shanti. took her to their place. Shanti lived with appellant for about one and half years and during that period she gave birth to a male child. Again the appellant stalled misbehaving with her, whereupon she again came to Jarnshedpur. After sometime the informant went to her village for purchasing land and during that period the appellant came and exerted pressure upon her for sending Shanti, however, at that time the informant told that she will call a panchayati and then only she will send her daughter. A panchayati was heli and in that panchayati deceased (Shanti) had refused to go with the appellant complaining that he had been ill treating her. Thereafter appellant had attempted to commit murder of second wife of informant's husband and to that connection he was arrested and put behind the bar and remained inside the prison for three months. Informant had again come to Jarnshedpur alongwith Shanti and her son and started living there. However, she came to learn that 20-25 days ago appellant had also reached at Jarnshedpur and started living in rented house. The appellant had come to the house of informant few days ago and asked her for sending Shanti to his house. However, she refused to send Shanti on the pretext of decision given in panchayati It is further alleged that the appellant quarreled with her and returned after giving threatening. Two days before the occurrence the appellant had stopped Shanti near Andhra School and tried to took her forcibly but however the persons of the locality inter vened and rescued Shanti. A day before the occurrence, the appellant again came to her house situated at Shastri Nagar and quarreled with her, however the persons of the locality, namely, Ashok Kumar Pandey, Chhkuri Pandey and others intervened and chased him away. The appellant while fleeing away had threatened to kill Shanti. In the morning of the date of occurrence at 7 a.m. the appellant came and threatened, however he was again chased away by the persons of the locality. On the date of occurrence, the informant's daughter Shanti had gone for working as maid servant in the house of D. Minakshi at New Ranikudar. However, at 8.45 a.m., the informant heard hullar that the appellant had killed her daughter, whereupon she went in the house of D. Minakshi and found the dead body of Shanti in the lane. She also found so many 1 injuries on the neck of deceased caused by sharp cutting weapon. The persons who were present near the place of occurrence including D. Minakshi informed that the appellant had tried to took away Shanti. When she refused, he cut the neck of the deceased with Chappu i.e. Dao, (an instrument for cutting wood). After killing her the appellant fied towards police station. One towel (gamcha) was lying at the place of occurrence which belonged to appellant. The said towel was identified by the informant.
(3.) On the basis of aforesaid fardbeyan, the police instituted Kadma P.S. Case No. 151 of 1996 dated 24.10.1996 under Section 302 of the IPC and took up investigation.;