- (1.) Heard learned Amicus Curiae Mr. Rishi Pallava and the learned Additional Public Prosecutor Mr. Gauri Shankar Prasad
(2.) The sole appellant stands convicted by the impugned judgment dated 20.11.2009 for the offence under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/-, in default whereof, to undergo simple imprisonment for six months by the impugned order of sentence dated 23.11.2009 passed in Sessions Trial No. 1/2008 by the court of learned 1 st Additional Sessions Judge, West Singhbhum at Chaibasa.
(3.) Informant is the mother of the accused / appellant and mother-in-law of the deceased. Majhgaon (Kumardungi) P.S. Case No. 46/2007 was registered on 25.09.2007 at 20.00 hrs. against the sole accused / appellant on the basis of the fardbeyan of the informant, PW-2 Manjhari Kui, wife of late Dudang Purti of village Patar Hatu, Tola-Munda Sai, P.S. Kumarduugi, District-West Singhbum, Chaibasa, recorded by the Sub Inspector Baburam Bhagat, Officer-in-Charge at 15.30 Hrs. on 25.09.2007 at her own house at the village Patar Hatu. It inter-alia alleged as follows: The informant has spoken in 'Ho' language which was translated by Munda and Manki in Hindi. She states that her husband Dudang Purti died five years back. She has one son Kaptan Purty (accused) who has four small / big children. Eldest is the daughter aged about five years. They have little bit of cultivation. They manage their existence by cultivation and manual labour. Since last three days, there were continuous rainfall which had disrupted their household. Yesterday on 24.09.2007 also it was raining. She along with her daughter-in-law and grandchildren after having food, went to sleep. During her sleep, she was awaken by her son who wanted to beat her and caught hold of her, however she went out of the house. She went to the house of someone else. Today on 25.09.2007 in the morning, when she returned to her house, she saw her daughter-in-law lying dead in the courtyard drenched in blood and her ear and head were badly crushed. She informed the Munda of the village. Then Munda along with others came and saw the incidence. She further states that on 24.09.2007 there was altercation between the husband and wife relating to drinking of country made liquor (hadia). Perhaps due to this reason, her son had brutally assaulted her daughter-in-law Mandui Kui (deceased) with stone and caused her death. In the recent past, her behaviour was not good and out of this anger, he committed the murder of his wife. She alleged that her son Kaptan Purty (accused) had killed her daughter-in-law Mandui Kui due to an altercation relating to drinking of country made liquor (Hadia), in a cruel way. She further states that this is her statement which has been read over by the Manki and Munda and after understanding it, she has inscribed her left thumb impression thereupon. Fardbeyan witnesses are Sanatan Sinku (PW-1) and Gumida Sinku (PW-3), Munda of the village.;