LAMBA BANDARE @ LOMBA BODRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant was put on trial in Sessions Trial No. 156 of 2002 on the accusation of committing murder of his wife Bergi Bandare and also for causing disappearance of the evidence of murder. The trial court having found the appellant guilty for both the charges, convicted him for the offence punishable under section 302 and 201 of the Indian Penal Code vide its judgment dated 22.12.2003 and sentenced him to undergo rigorous imprisonment for life under section 302 Penal Code and for three years under section 201 Penal Code vide its order dated 23.12.2003. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution as has been made out in the fard beyan (Ext.4), is that on 15.4.2002 while the informant Lal Babu Munda (PW11) was in his house along with his wife and were taking refreshment at 5.30 p.m. they heard shouting of the appellant and his wife Bergi who were altercating with each other. The wife of the appellant was raising alarm asking the informant to save her. On seeing this, when the informant and his wife went to the house of the appellant, they saw the appellant shouting at his wife. When they asked the appellant not to assault his wife, the appellant by taking the bow and arrow rushed towards the informant and his wife as a result of which, both the informant and his wife came back home. After some time, they left home and came to the place of Hari Munda PW1 and informed him that the appellant has been assaulting his wife. On the next morning, they came to know that Bergi has died. On 16.4.2002, the appellant who had left home the other day came back home at about 3/4 O' clock and took the dead body to the graveyard where it was buried.

(3.) When the officer in charge of Kuchai PS Dipal Kumar, ASI (PW13) was informed about the incident, he came to the village of the informant on 18.4.2002 and recorded the fard beyan (Ext. 4) at about 10.30 a.m on the basis of which a formal FIR was drawn and the case was registered as Kuchai PS case no. 15 of 2002 against this appellant.