KAMAL SINGH MUNDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court :-

(2.) The case of the prosecution, as has been projected, is that the deceased-Dropadi Mundain had been married to the appellant-Kamal Singh Munda six years before the deceased was done to death. Out of their wedlock, two children begotten. The appellant was in habit of assaulting the deceased. 22 days before lodgment of the case, the deceased-Dropadi Mundain had come to the house of her brother, informant-Shashodhar Singh Munda (P.W. 8), and disclosed that the appellant did assault her badly as she had refused to give tobacco to him and he has also held out threat of dire consequence. The informant-Shashodhar Singh Munda (P.W. 8) when made her understand to go and to live with her husband, the deceased went to her in-laws' place. On 22.8.2002 Chhutu Singh Munda, father of the appellant, came to the house of the informant and informed him that the deceased is in precarious condition on account of having diarrhoea. On getting such information, the informant -Shashodhar Singh Munda (P.W. 8) came to the place of his sister where this appellant told him that the deceased has died on account of having diarrhoea. The appellant did not allow the informant to see the dead-body rather on the day when she was killed the appellant buried the dead-body.

(3.) The doctor issued postmortem examination report (Ext. 2) with an opinion that the death was caused on account of head injury. Time elapsed since death was found 6 to 8 days before.