SURESH GOND Vs. STATE

JUDGEMENT

(1.) Heard Sri A. K. Pandey, learned amicus curiae for the accused -appellant, Sri Rajiv Sharma, learned AGA assisted by Sri Rajiv Kumar Mishra, learned AGA for the State and perused the record.

(2.) The present jail appeal has been preferred by the accused-appellant against the judgment and order dated 26. 04. 2005 passed by the Sessions Judge, Sonbhadra, in Session Trial No. 79 of 2002 (State Vs. Suresh Gond) arising out of Case Crime No. 102 of 2002 under Section 302 IPC, Police Station Babhani, District Sonbhadra whereby the accused-appellant has been sentenced to imprisonment for life.

(3.) The stream of events leading up to this appeal, as discernible from record, appears to be that the informant Janakdhari Singh Gond PW-1 lodged the written report at Police Station Babhani, District Sonbhadra on 11. 04. 2002 at 10:20 a. m. at Case Crime No. 102 of 2002, under Section 302 IPC, alleging therein, inter-alia, that today in the morning around 8:00 a. m. , the informant's uncle Jeet Ram Gond told him that his (Jeet Ram Gond) son Suresh and his wife had gone away from home on 09. 04. 2002 (Tuesday) after locking the house. He (Jeet Ram Gond) searched for them but he could not trace them. He came back home then he saw slippers of his daughter-in-law lying outside the room. He became apprehensive then he (Jeet Ram Gond - father of the accused) got the lock broken in the morning at 7:30 a. m. when he found his daughter-in-law lying dead on a cot. Some sharp edged weapon was used by causing blow on her neck and she was killed. The weapon Baluwa (Farsa) was also lying in the room. It appears that his son Suresh has murdered his wife with Baluwa (Farsa) and has fled away from the home. On this information being given to the informant, he (the informant) also arrived on the spot where he saw Sukawariya (deceased), wife of accused Suresh, aged 22 years lying dead on a cot. The father of Suresh (accused) and neighbours have gathered on the spot. The written report is Ext. Ka-1.