RIMISH @ RAMESH KANDULNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae and the learned Additional Public Prosecutor.

(2.) The sole appellant stands convicted by the impugned judgment dated 04.10.2012 passed by the learned court of Additional Sessions Judge, Simdega in Sessions Trial No. 113/2009 for offence committed and punishable under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 25,000/- and to suffer rigorous imprisonment for two years in default in payment of fine, vide order of sentence dated 05.10.2012. The amount of fine was directed to be paid to the informant / widow of the deceased.

(3.) Investigation started under Jaldega P.S. Case No. 09/2009 against the sole accused Sebastian Kandulna for the offence under section 302 of the Indian Penal Code on the basis of the fardbeyan of Flora Kandulna, wife of late Sebastian Kandulna, village Lamdega, Pahan Toli, P.S. Jaldega, District-Simdega, recorded by the Sub Inspector S. Paswan, Officer-in-Charge, Jaldega P.S. at 16.00 hrs. on 13.03.2009. The informant alleged that her brother-in-law Rimish @ Ramesh Kandulna, son of late Johan Kandulna, village-Lamdega Pahan Toli, had left his house ten years back along with his wife for work in Delhi. He had returned in the previous week on Wednesday (04.03.2009) and started living with them. He started asking for share in the property both residential and agricultural of her husband. On Thursday 12.03.2009, she prepared food in the evening and served both her brother-in-law accused Rimish @ Ramesh Kandulna and her husband and thereafter, went inside the house to sleep along with her children. Her husband Sebastian Kandulna (deceased) and the accused both slept on veranda. At about 3.00 am in the night, on hearing shout, she came out and saw that her brother-in-law, the accused Rimish @ Ramesh Kandulna was assaulting her husband Sebastian Kandulna (deceased) with a 'tangi' on his neck. She tried to save him and also raised shout, then her brother-in-law also chased her and she had to flee away. After sometime, she returned to find that her husband had been killed by the assault made by her brother-in-law on the neck of her husband. The reason for assault was the dispute for share in the property both residential and agriculture between her brother-in-law and her husband (deceased). The fardbeyan was recorded in presence of Sahiya Kunwari.