KANDRA MAJHI Vs. STATE

JUDGEMENT

(1.) THIS is prisoner's appeal against his conviction under Section 302, Indian Penal Code and the sentence of imprisonment for life.

(2.) PROSECUTION case was that the accused married the deceased Lede Majhiani for the second time after the death of his first wife. He has some children through his first wife. As the deceased was harassing the children in various ways the accused got annoyed and killed her on the night of 30 -4 -1976 while she was sleeping in the house. Next morning the accused approached the Gramarakhi of the village and made a confession that he had killed the deceased. The Gramarakhi went to the house of the accused and found the deceased lying in a pool of blood with cut injuries on her person, He called the villagers and the accused confessed before them that he had killed the deceased by a Valla since she was harassing the children of his first wife. He also showed the Valla with which he had committed the murder. The Gramarakhi left the Valla in charge of P.W. 6 Dukhu Majhi and then went to Ghatgaon Police Station with the accused and lodged information on the basis of which F.I.R. (Ext. 2) was drawn up. The accused was taken to custody and his wearing napkin and Dhoti (M.Os. III and IV) were seized as they contained stains of blood. In due course charge sheet was submitted against the accused.

(3.) THE learned Sessions Judge, on a consideration of the evidence led by the prosecution, held the accused guilty and inflicted the sentence as indicated above. It is urged in this appeal that the evidence on the record is not sufficient to sustain the conviction.