SONATUDDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Sona Tuddu stands convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life. Informant Mangru Tuddu is none else than the son of the appellant who, in his written statement given to the Police which is the first information report (Exhibit -3), has claimed that last Saturday he was sent by his mother Manjhli Marandi (deceased) and his father to fetch his sister Barki Tudu to help in cultivation.

(2.) He returned back on Sunday with his brother - in -law and on his return his wife, Manjhli Hansda, informed that on the Saturday itself at about 8.00 A.M. his father and mother had gone to forest but when they did not return back, the next day (Sunday) they were searched when, in the forest, the dead body of Manjhli Marandi, neck cut, was located, with the appellant missing. The informant thereafter went to the forest with his brother -in -law at 3.00 P.M. and saw the dead body in the Pakri Pahari forest with cut marks on the neck. Mukhiya advised him to inform the Police after which he went to the Police Station on 20.7.1992 and handed over his written statement at about 9.30 A.M.

(3.) IT will appear that in course of investigation Sona Tuddu was arrested and on Police submitting the charge sheet, trial commenced resulting in his conviction. In course of trial Sona Tuddu had denied that he had murdered his wife and claimed that his wife had married again and a child was born to her thereafter. He claimed that he had gone to his old village Naniha, RS. Chakai and was staying there when he heard that his wife was murdered. In the memorandum of appeal sent from Jail the appellant has claimed that his defence was not properly examined.