CHHOTA KOSHALYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is against the judgment of conviction and order of sentence dated 26.11.2008 and 28.11.2008 passed by the learned 2nd Additional District and Sessions Judge, Dumka in Sessions Case No.07 of 2008 {126 of 2008} arising out of Taljhari P.S. Case No.184 of 2007 corresponding to G.R. Case No.1122 of 2007 whereby and whereunder the appellant has been convicted for commission of offence under Section 304 Part II of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) The prosecution story in brief as per the allegations made in the FIR is that one Bada Kosaliya Devi, who has made a complaint before the Jarmundi Police Station Taljhari, District- Dumka alleging therein that on 29.08.2007 at about 04:00 p.m. her grandson Rajendra Singh and villager Badri @ Laddu Singh aged about 15 years on the point of spitting upon each other, Laddu Singh has assaulted her grandson Rajendra Singh who was weeping and came to his house and narrated the story to her, thereafter, the informant along with her daughter Chandrama Devi went to the field where cattle were grazing and asked Laddu Singh about the quarrel, about this, at about 04:30 p.m. mother of Laddu Singh came there and caught hold her hair-locks of Chandrama Devi and both Laddu Singh and Chhota Kosaliya Devi assaulted her. Laddu Singh and accused Chhota Kosaliya Devi caught hold hair-locks of Chandrama Devi and as a result she fell down and Chhota Kosaliya Devi pressed her neck with the intention to kill her. After hearing hulla, villagers assembled there, then Laddu Singh and Chhota Kosaliya Devi fled away from there, and thereafter, the said incident was reported to the police. Upon this, the FIR has been instituted against the Chhota Kosaliya Devi and Badri Singh @ Laddu Singh for the commission of offence under Section 302/34 of Indian Penal Code and accordingly charge-sheet was submitted under the aforesaid section of the Indian Penal Code, cognizance was taken under the aforesaid section against the accused persons and thereafter, case was committed to the Court of Session for its trial. The accused persons having not pleaded guilty have put on trial and in consequence thereof, the prosecution has examined altogether 10 witnesses, on the basis of testimony, the exhibits and the statement recorded under Section 313 of the Code of Criminal Procedure has found the commission of offence under Section 304 Part II of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for a period of 7 years.

(3.) It is to clarify herein that the FIR has been instituted against Chhota Kosaliya Devi and Laddu Singh but Laddu Singh having been declared to be juvenile, his case was transferred to the file of Juvenile Justice Board, Dumka and therefore the case of the appellant has been proceeded separately to that of the Laddu Singh.