BUDH ROY SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed in Sessions Trial No.147 of 2002 by which the appellant has been convicted and sentence under Sec. 302 of the Indian Penal Code.

(2.) Prosecution case as disclosed in the FIR unfolds a tragic story of a festive occasion leading to brawl, between husband and wife on the issue of preparing food and drinks for the guests in which deceased was thrashed by the appellant resulting in her death.

(3.) Informant - Ram Rai Murmu on 15/6/2002 were celebrating a festival in their village in which as per the customs, sacrifice is offered and people take meat and liquor on the occasion. After offering Puja, the appellant - Budh Roy Soren invited the informant to his house where he asked his wife Sita Soren to prepare food and drinks for the guests. At that time, Sita Soren was already drunken and she refused to prepare food, which resulted in altercation between them. Appellant felt himself slighted by the conduct of his wife and when his request was again turned down, he assaulted her with fists and kicks, resulting in her death. Informant and others interceded in the dispute and they returned from there. Later on, they came to know that there was another round of fight between them in which the appellant assaulted his wife to death.