LAWS(CAL)-2004-4-54

JERKA MUNDA Vs. STATE

Decided On April 19, 2004
JERKA MUNDA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 26-9-96 and the sentence dated 27-9-96 of the 2nd Court of Additional Sessions Judge, Jalpaiguri in Sessions Case No. 37 of 96 in Sessions Trial No. 29 of 1996 arising out of Mutelli P. S. Case No. 10/95 dated 12-2-95 on the basis of which G. R. Case No. 144 of 1995 was started.

(2.) By the said judgment the learned Additional Sessions Judge found the accused Jerka Munda guilty under Section 302 of I.PC., convicted him thereunder and sentenced him to suffer R.I. for life.

(3.) Prosecution case in brief is that on getting telephonic message Police Force went to Engo Tea Garden on 12-2-95, asked Jerka Munda to come out from the room and he was caught as soon as he came out. On entering into the kitchen of Jerka Munda dead body of his wife Sukro Munda was recovered. It was noticed that there were bleeding injuries on the head and belly of the victim. One bloodstained Tangi and knife were lying near the dead body and those were recovered and seized on the basis of seizure list in presence of witnesses. One Ratia Munda handed over a written complaint to the Police Officer who sent it to the police station for starting a case under Section 302 of I.P.C. The case was investigated by the police. Witnesses were examined. Report of post-mortem examination was collected along with the Serological report and ultimately charge-sheet was filed against Jerka Munda under Section 302 of I.P.C.