TAMO BUDARU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 8-7-99 passed by the 2nd Additional Sessions Judge, Jagdalpur in S.T. No. 47/99, whereby learned Additional Sessions Judge after convicting the accused/appellant for the commission of offence under Section 302 of the IPC for committing murder of his wife Tamodeve, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500.00, in default of payment of fine to further undergo R.I. for one year.

(2.) The case of the prosecution, in brief, is that on the fateful day at about 8 p.m. in the night of 2-12-98 accused/appellant Tamo Budru was sleeping after taking his meal, at that time, deceased Tamodeve came and started assaulting the accused with an axe saying that as to why he has eaten her food, on which the accused snatched the axe and assaulted the deceased on her head, as a result of which the deceased sustained fatal injury and she succumbed to the injury.

(3.) The matter was reported by Sukman (P.W. 1) to the Police Station, Bhansi, on which FIR (Ex. P-1) was registered. After usual investigation, charge-sheet was filed in the Court of Chief Judicial Magistrate, Dantewada, who in turn committed the case to the Sessions Judge, Jagdalpur from where learned 2nd Additional Sessions Judge received the case on transfer for trial.