Cr. Appeal No. 262 of 1999. Case: Teophil Tirkey Vs The State of Bihar (now Jharkhand). Jharkhand High CEGAT & CESTAT High Court

Case NumberCr. Appeal No. 262 of 1999
CounselFor Appellant: Atanu Banerjee, Amicus Curiae and For State: R. Mukhopadhyay, APP.
JudgesN. Dhinkar, C. J. and R. R. Prasad, J.
IssueIndian Penal Code (45 of 1860) - Section 300
Citation2006 CriLJ 4501
Judgement DateMay 15, 2006
CourtJharkhand High CEGAT & CESTAT High Court


  1. The accused appeals.

  2. The appellant, Teophil Tirkey, was accused of the murder of Anjela Khariain at noon of 17-3-1994. The trial Judge, accepting the accusation made in the charge against the appellant, found him guilty under Section 302 of the Indian Indian Penal Code for which he was directed to suffer imprisonment for life. The appeal is against the said conviction and sentence.

  3. The deceased, Anjela Khariain, is the daughter of PW-3, Martin Kharia. PW-2, Sushma Khariain, is the younger sister of the deceased and at the relevant period, PW-2 was studying and staying in the hostel. PW-1, Balandina Khariain is the mother of the deceased and wife of PW-3. It is the case of the prosecution that the deceased and the appellant were loving each other and they were also having physical relationship. The deceased was studying in a College and was aged about 20 years. Sometime prior to date of the occurrence, the appellant had taken the deceased to his house. Therefore, a Panchayati was convened and at the Panchayati, it was decided that the appellant should return the girl to his parents. Accordingly, the deceased was brought back to the house of PW-3. On the date of occurrence, namely, on 17-3-1994, the deceased was living in the house of her parents and she was also pregnant. It is the further case of the prosecution that the appellant went to the house of PW-3 on 15-3-1994 and stayed over night in the house. On 16-3-1994 he left the house only to return and inform PW-3 and others in the family that he has missed his bus to reach his village. He stayed in the house on the night of 16-3-1994. On 17-3-1994, PW-3 went out of the house to pick up Mahua flowers and the mother of the deceased, PW-1, went to her father's house, leaving the appellant and the deceased in the house. PW-3 returned to his house after picking Mahua flowers. While he was approaching the house, he saw the appellant closing the door from outside with a chain and going away towards north. PW-3 entered the house and found the dead body of his daughter and the head was found severed from the neck. PW-3 raised alarm and the villagers gathered. Later, Ext. 3 was given at 5.30 p.m. on the same day, on the basis of which a crime was registered. Investigation in the crime was taken up by Sri Krishna Singh, PW-9, who conducted inquest by preparing the Inquest report, Ext.4. After the inquest, the dead body was sent for autopsy.

  4. On receipt of the requisition and the...

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