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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, AMBUJ NATH, JJ.
Nakul Mahato, S/o. Late Banmali Mahato - Appellant
Versus
The State of Jharkhand - Respondent
Criminal Appeal (D.B.) No. 596 of 2011
Decided On : 18-01-2023
Criminal Law - Murder - IPC 302 - Summary of Acts and Sections: IPC 302 - The court discussed the evidence and circumstances surrounding the murder case, emphasizing the strained relationship between the appellant and the deceased, the absence of a reasonable explanation from the appellant, and the application of Section 106 of the Evidence Act to establish guilt.
Fact of the Case:
The case involved the murder of the appellant's wife, with the prosecution relying on circumstantial evidence and witness testimonies to establish guilt.
Finding of the Court:
The court found the appellant guilty based on the circumstantial evidence, the strained relationship with the deceased, and the absence of a reasonable explanation from the appellant.
Issues: The key issues revolved around the circumstantial evidence, the strained relationship between the appellant and the deceased, and the absence of a reasonable explanation from the appellant.
Ratio Decidendi: The court applied Section 106 of the Evidence Act to shift the burden of proof to the appellant, emphasizing the absence of a reasonable explanation as a link in the chain of circumstances establishing guilt.
Final Decision: The appeal was dismissed, upholding the judgment of conviction and order of sentence against the appellant.
JUDGMENT :
Heard Mr. Shekhar Sinha, learned Amicus Curiae for the appellant and Mr. Ravi Prakash, learned Special P.P. for the State.
2. This appeal is directed against the judgment of conviction and order of sentence dated 21.10.2011 passed by Md. Ashraf Husain Ansari, learned 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 60 of 2009, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 of the IPC and has been sentenced to undergo imprisonment for life.
3. The prosecution case arises on the basis of the fardbeyan of Nima Mahato recorded on 28.11.2008 at 11:00 A.M., wherein it has been stated that the marriage of his eldest daughter was solemnized with Nakul Mahato (appellant) about 25 years back. She was kept well for a few years and five children were also born to her and one of the daughters has already been married. It has been alleged that for the last two years Nakul Mahato on the allegation of being promiscuous was committing assault upon her and several times she was ousted from the house. Whenever his daughter used to come home at Kasmar she used to disclose about such happenings. It has been alleged that today i.e. 28.11.2008 an information was received over telephone that his daughter has been murdered by Nakul Mahato. On such information when he went to the matrimonial house of his daughter he found her lying dead with marks of strangulation and scratches on her person.
Based on the aforesaid allegations Pindrajora P.S. Case No. 113/2008 was instituted against Nakul Mahato for the offence punishable u/s 302 of the IPC. On completion of investigation charge-sheet was submitted u/s 302 of the IPC against the accused pursuant to which cognizance was taken and the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 60 of 2009. Charge was framed against the accused u/s 302 of the IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as eleven witnesses in support of its case.
5. P.W.1 (Paltu Mahato), P.W.2 (Rupni Devi), P.W.3 (Namita Devi), P.W.4 (Sugia Devi), P.W.5 (Gunaram Prajapati), P.W.8 (Maheshwar Mahato) and P.W.9 (Sisir Kumar Mahato) did not support the case of the prosecution and were declared hostile by the prosecution.
6. P.W.6 (Ajit Kumar Singh) had conducted autopsy on the dead body of Tuma Devi on 28.11.2008 and had found the following:
II. Externally the followings were found: Abrasion on the right side of neck 1/2 x 1/2 inch, abrasion on left side of neck 3/4 x 1/2 inch, abrasion front of neck 1/2 x 1/2 inch, abrasion right side of nose 1/2 x 1/3 inch. All antemortem in nature. Ligature mark over neck well defined, slightly depressed situated low down in the neck below thyroid cartilage encircling the whole neck horizontally and almost completely. Base of ligature mark is pale white and radish echymos margin. Subcutaneous tissue of neck; recession of blood was present in the ligature mark with laceration of adjacent muscle of neck. Hyoid bone, thyroid cartilage larynx and trachea fracture and congested and containing frothy mucus, antemortem in nature.”
The cause of death was opined to be on account of asphyxia as a result of strangulation. He has proved the postmortem report which has been marked as Exhibit- 1.
7. P.W.7 (Mritunjay Kumar Mahato) is the son of the deceased who has deposed that on the date of occurrence he was sleeping in the terrace along with his brother while his parents were sleeping downstairs. When he came down at 8:00 A.M. he found his mother dead. No one else was present there.
In cross-examination, he has deposed that apart from him, his brother and parents nobody was present in the house. He has further stated that the houses of Govind and Ramlal are adjacent to h
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