RAJENDRA SHARMA @ PINTU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 09.12.2003 and order of sentence dated 15.12.2003 passed by Additional Sessions Judge, Fast Track Court-VIII, Jamshedpur in Sessions Trial No. 327 of 2001, whereby and where under the appellant convicted under section 302 of the Indian Penal Code for committing murder of his wife, namely, Nirmala Devi and sentenced to underfo imprisonment for life.

(2.) The case of prosecution, in short, as per the Farbdeyan of deceased Nirmala Devi is that on 24.01.2001 at about 6.00 P.M. her husband, namely, Rajendra Sharma @ Pintu ( appellant) started quarreling with her and asked her to bring bicycle from the house of her brother. It is then alleged that because of aforesaid quarrel, she poured kerosene oil on her body with a view to scared the appellant, however, the appellant put fire on her body, due to that she received burn injury. It appears that she was brought to M.G.M. Hospital for treatment, where her Fardbeyan recorded.

(3.) On the basis of aforesaid Fardbeyan Sidgora P.S.case no.16 of 2001 dated 24.01.2001 instituted under sections 498A /324/307 of the Indian Penal Code. It appears that on the next day of occurrence, deceased died in the hospital. Accordingly, offence under section 302 of the Indian Penal Code added. During investigation, police prepared inquest on the dead body of the deceased and sent it for postmortem examination. It also appears that investigating officer recorded statement of the witnesses and after completing the investigation, submitted charge-sheet against the appellant under section 498A/324/307/302 of the Indian Penal Code. It appears that learned Judicial Magistrate took cognizance of the offences. Thereafter, case was committed to the court of Sessions, as the offences under sections 302 and 307 of the Indian Penal Code are exclusively triable by the court of Sessions.