RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:

1. Heard Mr. Mukesh Kumar, learned counsel for the appellant and Ms. Nehala Sharmin, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 19-12-2013 (sentence passed on 20-12-2013) passed by Shri Vivekanand Banerjee, learned Additional Sessions Judge-VIII, Hazaribag in S.T. No.265 of 2010 whereby and whereunder the appellant has been convicted for the offence under Section 302 I.P.C. and has been sentenced to rigorous imprisonment for life.

3. The prosecution case arises out of the Fardbayan of Fulmatiya Devi recorded on 07.04.2010 in which it has been stated that for the purposes of treatment the informant had come to her parents' place along with her children. The husband of the informant namely Shravan Sharma (appellant) had also come to her parents' place on 6th April 2010 and stayed the night at the said place. It has been alleged that on 7th April 2010 at 11.30 a.m. the informant along with her parents were sitting in the veranda when the husband of the informant came and asked the informant to go to her matrimonial house which was retorted to by the mother of the informant that she will get her daughter treated at her place as she is not given proper treatment at her matrimonial house. This enraged the husband of the informant who picked up a hammer kept in the courtyard and assaulted the mother of the informant on her head which resulted in her death immediately. The villagers had apprehended the husband of the informant while he was trying to flee away and information was given to the police.

Based on the aforesaid allegations, Gorhar P.S. Case No. 11/2010 was instituted for the offence under Section 302 IPC against Shravan Sharma. On completion of investigation, charge sheet was submitted and after cognizance was taken the case was committed to the court of Sessions where it was registered as S.T. No.365/2010. Charge was framed against the accused under Section 302 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 10 witnesses in support of its case.

5. P.W.1 Ganesh Ravidas has stated that on 07-04-2010 at 11.00 a.m. he was in his house when on hearing a commotion he had gone to the house of Fulmatiya and had seen the mother of Fulmatiya lying dead. Fulmatiya had disclosed that her husband had assaulted her mother with a hammer.

In cross-examination he has deposed that he is not an eyewitness to the occurrence.

6. P.W.2 Dilip Modi has stated that on 07-04-2010 at 11.30 a.m. he was in his house when he heard a cry of alarm from the house of Bigan Rana and when he went to the source of the alarm he had seen Phulwa Devi and Bigan Rana crying. When he went inside the house of Bigan Rana, he had seen Malti Devi lying on the ground in an unconscious state with blood coming out from her head. Fulmati had disclosed that her husband Shravan Rana had assaulted on the head of her mother with a hammer. When he returned after trying to arrange for a vehicle he had found Malti Devi lying dead. Shravan Rana was standing outside the house.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9VMBgyiIpx186jbbfUNg01jpSAraKDhkNSgYAGaEy7PK&caseno=Cr.A(DB)/104/2014&cCode=1&cino=JHHC010193292014&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.