GANAURI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 22.05.2001 and 23.05.2001 respectively passed by 5th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 343 of 1993, whereby and where under, he convicted the appellant under section 302/201 of the Indian Penal Code for committing murder of his wife Gunia Devi and sentenced him to under go imprisonment for life for the offence under section 302 of the Indian Penal Code and also sentenced to under to R.I. for two years for the offence under section 201 of the Indian Penal Code and directed that both the sentences shall run concurrently. The case of prosecution as per Fardbeyan of Manrup Singh (P.W. 1) that deceased Gunia Devi was married to the appellant seven years ago. It is further stated that appellant was always committing crime like theft and dacoity, which was protested by the deceased Gunia Devi. It is further stated that in connection with a dacoity case, appellant was taken into custody and when he returned, deceased again requested him for leaving such bad habits, upon which appellant assaulted her. It is further stated that thereafter, deceased left her matrimonial house and came to her parental house. It is stated that on 11.10.1991 appellant came to the house of informant and assaulted deceased and questioned why she is grazing bullock of her father. It is then stated that on 12.10.1991, he took the deceased in the forest on the pretext of bringing wood for construction of house. It is further stated that informant's daughter-in-law, namely, Manjura Devi, Nanka Singh and Roshwa Kumari had seen the appellant going with the deceased towards forest. It is stated that on that day deceased did not return, whereupon informant and his family members searched her. It is stated that on 16.10.1991, informant and his co-villagers went to the forest, where they found dead body of deceased. Thereafter, matter reported to the police.

(2.) On the basis of aforesaid information, police instituted Latehar P.S. case No. 155 of 1991 dated 18.10.1991 under section 302/201 of the Indian Penal Code and took investigation. During investigation, police prepared inquest report and sent the dead body for postmortem examination. During the investigation, police recorded statement of witnesses and after completing investigation, submitted charge-sheet against the appellant under sections 302/201 of the Indian Penal Code. It appears that cognizance of the offence taken and then case committed to the court of session, as the offence under section 302 of the Indian Penal Code is exclusively triable by a court of Sessions.

(3.) It then appears that learned Additional Sessions Judge, Palamau framed charges against the appellant under sections 302/201 of the Indian Penal Code and explained the same to the appellant, to which he pleaded not guilty and claimed to be tried. Thereafter, prosecution examined altogether 13 witnesses. The prosecution also brought on record Ext. 1 series (signatures of seizure list witnesses), Ext. 2 series (signature of witnesses on inquest report), Ext. 3 (Fardbeyan), Ext. 4 (formal F.I.R.), Ext. 5 (seizure list), Ext. 6 (carbon copy of inquest report) and Ext. 7 (postmortem report). It appears that after considering the evidence available on record, learned court below convicted and sentenced the appellant as stated above. Against that present appeal filed.