RAMESHWAR PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 29.03.2006, passed by the Learned Additional Sessions Judge, Simdega, in Sessions Trial No. 04 of 2005, corresponding to G.R. Case No. 286 of 2004 arising out of Kurdega, P.S. Case No. 34 of 2004, whereby the appellant has been held guilty for the offence punishable under Sec. 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life. The prosecution case, as it appears from the fardbeyan of Sonmati Devi recorded on 14.09.2004 at about 12:30 hours at village Hethawa Chapabari within P.S. Kurdega, district Simdega, is that on 14.09.2004 in the morning at 6 a.m. the appellant was quarrelling with his wife and the informant was sitting in the Courtyard with her grand daughter. In the meantime, she heard alarm raised by her daughter -in -law. When she entered into the room, she found her daughter -in -law -Sonamati Devi having cut injury on her neck and blood was oozing out. Due to injury, Sonamati Devi was trembling. She had also seen Rameshwar Pradhan having bloodstained Tangi in his hand. She raised alarm which attracted the villagers and they also witnessed the appellant standing at the place of occurrence having bloodstained Tangi in his hand.

(2.) The police after due investigation, submitted charge -sheet, accordingly cognizance was taken and the case was committed to the Court of Session and it was registered as S.T. No. 04 of 2005.

(3.) The appellant stood charge for the offence punishable under Sec. 302 of the I.P.C. and the prosecution in order to substantiate the charge examined altogether 10 witnesses including informant, I.O. and the Doctor, who conducted the post -mortem examination. The learned Additional Sessions judge considering the evidences and documents available on record held the appellant guilty for the offence punishable under Sec. 302 of the I.P.C. and sentenced him to undergo R.I. for Life.