BINDU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction and order of sentence passed by 1st Additional Sessions Judge, Palamau at Daltonganj on 21.5.2001 in Sessions Trial No. 486 of 1995 whereby the present appellant/accused was mainly punished under section 302 of the I.P.C. for life imprisonment.

(2.) IT is the case of prosecution that the incident has taken place on 9th of April 1995 at about 5 P.M.. P.W. 4 is the informant who has informed the police on 10th of April, 1995 at about 2 A.M. Informant is the brother of the deceased Geeta Devi. IT is the case of prosecution that brother-in-law who is appellant/accused was in jail custody in some another case, thereafter, he was enlarged on bail. The wife of the accused who is sister of the informant was staying with the parents of the deceased as the appellant/accused was enlarged on bail in some another case, he came at the residence of the informant who is P.W. 4 and was insisting for sending his wife, namely, Geeta Devi with him. There was some quarrel during day time as per FIR and thereafter the informant had gone out for some work and upon returning at his house, he came to know about the fact that his sister Geeta Devi was not alive. Dead body was in the house of P.W. 4. Brother-in-law of P.W. 4 who is appellant/accused was also in the same house. This is how the offence was revealed and FIR was filed before Nagar Untari Police Station, District- Garhwa. Investigation was carried out. Prosecution has examined as many as six witnesses and on the basis of evidences on record, the learned trial court has convicted the appellant/accused on circumstantial evidence for the offence punishable under section 302 of the I.P.C. for life imprisonment. Against this judgment of conviction and order of sentence dated 21.5.2001, the present appeal has been preferred.