CHUNDA MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed under Sec. 374 (2) of the Code of Criminal Procedure against the judgment of conviction dtd. 17/3/2017 and order of sentence dtd. 18/3/2017, passed by learned District and Additional Sessions Judge-III, Dumka, in Sessions Trial No. 92 of 2012, whereby and whereunder the learned trial court has convicted the appellant under Sec. 302 of the Indian Penal Code and has sentenced to undergo R.I for life under Sec. 302 IPC and fine of Rs.20,000.00 and in the event of non-payment of fine convict was further directed to undergo SI for additioinal three months.

(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 institution of prosecution case, which as per the written report of the informant Safid Choukidar is that on 29/10/2011, when the informant was going to his house from his duty from State Bank of India, Gando Branch then the villager of Chirudih village informed him that Chunda Murmu has committed murder of his wife. To verifiy this information, he reached near the Chunda Murmu's house where he saw that many persons were gathered there and dead body of Joba Marandi, wife of Chunda Murmu, was lying on the ground and the blood was oozing out from her head. It is further alleged that on inquiry villagers stated that today at about 2:00 p.m. a quarrel was going on between Chunda Murmu and his wife and Chunda Murmu, who remains in drunken state in whole day and did not do any work and his wife maintained her four children anyhow and she being annoyed from her husband wanted to go her father's house Kolha, Police Station Kathikund then Chunda Murmu has prohibited him and when she did not do so and rigid to go to her father's house then Chunda Murmu picked up a 'wooden pirha' and given blow forcibly on the head of his wife due to which his wife sustained grievous injury and she fell down in injured condition and died.

(3.) On the basis of the fardbeyan of the informant dtd. 29/10/2011 Dumka (M) P.S. Case No. 156/2011 was registered for the offence under Sec. 302 of the Indian Penal Code against the accused Chunda Murmu and after completion of investigation the Investigating Officer ha submitted charge-sheet under Sec. 302 of the Indian Penal Code against accused Chunda Murmu. Accordingly, the cognizance for the offence under Sec. 302 of the Indian Penal Code was taken against accused Chunda Murmu and the case stands committed to the Court of Sessions vide order dtd. 29/5/2012 by the Court of C.J.M., Dumka.