JUNAS KIRO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 3.12.2002 and the order of sentence dated 4.12.2002 passed by the then Sessions Judge, Simdega in S.T.No.123 of 2001 whereby and whereunder the court having found the appellant guilty for committing murder of his wife Agnesia Kiro convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution as has been made out in the Fardbeyan (Ext.3) is that while the informant Nuwas Kindo (P.W.6) was sleeping in his house along with his wife Juleta Kindo (P.W.2) on 1.9.2001, he at about 3-4 a.m. heard distress sound of the deceased coming from the room adjacent to his house. On hearing it, when he along with his wife Juleta Kindo went there, they found the door closed but they heard the sound of beating.

(3.) They tried to open the door. But when did not succeed to get it opened, they informed to the witnesses, Amus Kindo, P.W.3, Bhinsent Kindo, P.W.4, Anthres Kindo, P.W.5, who came over there and found Agnesia Kindo, wife of the appellant lying dead under the pool of blood. There they also found tangi having blood mark over it. At about 1.30 p.m. when Sikandar Prasad Singh, P.W.11 posted as Sub-Inspector in Bolwa Police Station received information regarding deceased being killed, he entered such information in the station diary and proceeded to the place of occurrence. On coming to the place of occurrence, Sikandar Prasad Singh, P.W.11 recorded the fardbeyan (Ext.3) of Nuwas Kindo, P.W.6.