BABLU TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction dtd. 27/7/2016 and order of sentence dtd. 29/7/2016 passed by the learned Additional Judicial Commissioner-XIII, Ranchi in Sessions Trial No. 465 of 2012, whereby the appellant has been convicted for offence punishable under sec. 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000.00 and in default of payment of fine to further undergo simple imprisonment of six months.

(2.) The brief facts leading to this criminal appeal are that on 6/12/2011 the informant namely, Anil Khakha had given the written information with these allegations that Bablu Tirkey had been residing as a tenant in his house for last 15-16 years. On 6 th December, 2011, Bablu Tirkey had left the house saying that he was going to respond the call of nature and when his wife Dasmi Baitha did not come out of the house, he along with persons of the locality went to the room of Bablu Tirkey and found Dasmi Baitha dead bearing injury on her face, tample and several other parts of body. On 5/12/2011, Bablu Tirkey had told him that his wife after quarrel had gone somewhere else. It seemed that Bablu Tirkey had committed murder of his wife on previous night. On 5 th December, 2011, Bablu Tirkey was with his wife having closed the door of his house and in the morning, he left the house after having committed murder of his wife.

(3.) On this written information, Case Crime No. 507 of 2011 was registered with the Police Station Doranda, Division Sadar, District Ranchi under Sec. 302 of the Indian Penal Code against Bablu Tirkey. The investigating officer completed the investigation and filed charge-sheet against Bablu Tirkey under Sec. 302 of IPC and the Court of Magistrate concerned who took the cognizance on the charge-sheet and committed the case for trial to the Court of Judicial Commissioner, Ranchi who further transferred the same for trial to the Court of learned Additional Judicial Commissioner-XIII, Ranchi.