MATHEUS TUDU Vs. STATE JHARKHAND

JUDGEMENT

(1.) The instant appeal, filed under Ss. 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction dtd. 5/6/2013 and order of sentence dtd. 12/6/2013 passed by the learned District and Additional Sessions Judge-II, Dumka in Sessions Case No.238 of 2009, whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 of the Indian Penal Code.

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per written report of informant, which reads as under:

(3.) As per the written report of the informant namely Binod Hembrom P.W.11 who is the elder brother of the deceased Santosh Hembrom that the deceased had fallen in love with Chunai Hansda for last one year. The brother of the informant, namely, Santosh Hembrom (deceased) wants to marry with her. His family members were agreed for the marriage, but they suggested that recently, they have spent a lot of money in 'Sharadh' (Death rituals) of grandmother, hence, requested him to wait for some time. It is further stated that the accused Matheus Tudu had also fallen in love with same girl namely-Chunai Hansda.