BALESHWAR KANDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole accused has challenged the judgment of conviction under section 302 IPC and section 201 IPC dated 05.12.2001 and the order of sentence of R.I for life under section 302 IPC and R.I for three years under section 201 IPC dated 06.12.2001 passed by the 2nd Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 291 of 1998.

(2.) In his fardbeyan which was recorded on 12.03.1995 at Chatro Chatti, Baijnath Kandu has stated that his wife who was staying with his mother, younger brother, brother's wife and sister had proceeded for Hazaribagh on 27.02.1995 to join him at Hazaribagh, however, she did not reach there. He started enquiry and search for his wife and then he came to know that in the evening of Sheoratri his younger brother-Baleshwar Kandu and his brother's wife, his sister and mother had committed marpit with his wife and that was the reason his wife had left home at 5:00 a.m next day to join him at Hazaribagh. The informant says that from Hazaribagh he proceeded for Nawadih where he enquired about his wife from his uncle in-law and others, however, nobody gave any information about Munwa Devi, his wife. So, he proceeded for Chatro Chatti with his uncle in-law, namely, Shahdeo Kandu searching for Munwa Devi where the villagers told them that in the night of Sheoratri his mother, brother, brother's wife and sister have abused his wife and committed marpit with her. When he asked about the incident from his mother she admitted quarrel between them but she denied that there was any marpit between them. The informant has further stated that Gundan Kandu, who is the son of Chottan Kandu, told him that on 04.03.1995 he has seen eagles and crows hovering over Ganesh Nalla. Thereafter, he called his brother and mother to Ganesh Nalla where his mother has identified the clothes of the dead body as belonging to Munwa Devi.

(3.) On the basis of the fardbeyan of Baijnath Kandu, Gomia P.S. Case No. 19 of 1995 was registered under section 498(A)/306/34 IPC against the family members of the informant.