IMPORTANT POINT
Murder of wife – Deceased was last seen along with appellant and in the evening dead body of deceased was found—In such circumstances, there will be reverse onus upon appellant to disbelieve the allegation.

JUDGMENT

Sujit Narayan Prasad, J.—The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 25.04.2017 and order of sentence dated 29.04.2017 passed by the learned Additional Sessions Judge 2nd F.T.C. Bermo at Tenughat in Sessions Trial No. 286 of 2011, by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and also for payment of fine of Rs. 5000/- and in case of default of payment of fine further to undergo R.I. for six months. Further, the appellant was also directed to pay Rs.5,00,000/- (Five lakhs) to Bhoni Mahto (P.W. – 10-Father of the deceased) as compensation amount.

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, which reads as under:—

Fardbeyan of the informant-Umesh Kumar (P.W. 7), the brother of the deceased, has been recorded at the place of occurrence on 08.01.2011 at 08.00 pm at Khuta More (Surahi-Potso Road) by Sub-Inspector of Police, Anil Kumar Mishra, Nawadih Police Station, wherein it has been alleged that the deceased-Geeta Devi was married to the accused Umesh Mahto six months ago. For the first three months all was going well and deceased used to visit her parental house quite often from her matrimonial house. But after that the deceased saw that her husband (accused) often used to go with his cousin Bhabhi (widow) on motorcycle. The deceased raised objection to such action of the appellant, which resulted into estrangement in between the husband and wife. It is alleged that when it was known to father of the deceased, he along with other people went to the matrimonial house of her daughter (deceased) and settled down the matter by compromise. But it appears that the accused-Umesh Mahto did not reform himself rather continued to roam around with his Bhabhi on motorcycle, which was again objected by the deceased, upon which, the accused-Umesh Mahto threatened to kill her. It is alleged that her sister bring the matter to the notice of her neighbour, which again travelled to her father, who again settled the dispute.

The informant has further stated that on 06.01.2011 her brother-in-law (Jija), the accused herein, came to his house along with his sister (deceased) for filling up the Form of Intermediate Part-II and stayed there. On the next day i.e., 07.01.2011, the accused went along with the deceased on motorcycle for filling up the form but somehow on that day also the form could not be filled up, as such, the accused-Umesh Mahto stayed with the deceased in the quarter of her father at Jarangdih.

On the next i.e., on 08.01.2011 at about 4.00 p.m. evening the accused-Umesh Mahto with Geeta Devi under the pretext of going to village Posto left the house of her father situated at Jarangdih and at about 7.00 pm near road side, which was going towards Surhi more to village Potso, the accused-Umesh Mahto alighted Geeta Devi from his bike and with the help of his associate accused Birendra Mahto, who was a Home-Guard under Duari P.S., Giridih and one unknown associate, who was resident of village Ambadih under Bagodar P.S. by means of knife gave 10-12 blow to Geeta Devi, due to which she succumbed to death. The commission of murder of deceased has been alleged to be witnessed by Nirmal Mahto and Surendra Mahto, who after hearing the cries of the victim rushed to the place of occurrence.

It is alleged due to noise the local villagers assembled there on which the accused-Umesh Mahto and his associates fled away from the place of occurrence leaving his motorcycle under the cover of darkness.

It has been alleged by the informant that the accused-Umesh Mahto, Birendra Mahto and one unknown had murdered her sister in a planned manner.

3. On t