BABU RAM TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This jail appeal has been preferred by appellant Babu Ram Tudu against the judgment of conviction dated 31st July, 1991 and order of sentence dated 3.8.91 passed by the Sessions Judge, Godda in Sessions Trial No. 147 of 1989, by which the sole appellant was convicted under Section 302 of the IPC and was sentenced to undergo imprisonment for life. Another accused Pank was acquitted of the charge. No one appeared on behalf of the appellant and hence the appeal was heard and considered with the assistance of the A.P.P.

(2.) The fact of the prosecution case, shorn of details, may be summarised as under : Tala Soren (PW 9) who is widow of deceased Theba Tudu @ Dheba Tudu, who has her father's place in the same village Dullu Pradhan Tola seeing quarrel between the appellant and her husband for domestic matters, went to her father's place in the evening of 24.5.89 and the appellant and Pank Tudu had tied the leg and hand of her husband and had kept them in the room. Next day when she did not see her husband, appellant Babu Ram Tudu and Pank Tudu, she enquired from her mother-in-law but she did not reply and then when she went to river to wash clothes, her maternal father-in-law Lakhi Ram firstly told her that her husband has been taken to police station and when she insisted not to have seen him going, Lakhi Ram disclosed that he has been killed. In her fardbeyan, Tala Soren stated to have informed about it to village Pradhan Nuka Murmu (PW 2) and others who got them searched and in morning this appellant was caught by the villagers and he was asked about her husband this appellant disclosed that he along with Pank Tudu had killed her husband Dheba Tudu and had concealed his dead body in a cave of the hill. Further case of the prosecution is that this appellant went to the cave and showed the dead body of Dheba Tudu in the cave. Fardbeyan of Tala Soren was recorded by the SIM Yadav of Deodagn P.S. on 25.5.89 at 1.00 p.m. and on that basis, Godda Town P.S. case No. 107 of 1989 was registered under Sections 302/201 of the IPC against this appellant and Pank Judge and the police after due investigation, submitted charge-sheet. After cognizance and commitment, this appellant and his brother Pank Tudu were put on trial and whereas this appellant has been convicted as aforesaid and Pank Tudu was acquitted.

(3.) The defence as gathered from the suggestions put to PWs and the statement of the appellant under Section 313 of the Cr PC is that he has been falsely implicated in this case.