SURESH BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 16.02.2006 and 17.02.2006, respectively, passed by the Learned 1st Additional Sessions Judge, Godda, in connection with Sessions Case No. 85 of 2005/11 of 2005, corresponding to Godda (M) P.S. Case No. 111 of 2004, dated 16.04.2004, G.R. Case No. 343 of 2004, whereby the Learned 1st Additional Sessions Judge has held appellant guilty under Sec. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The prosecution case, as it appears from the Fardbeyan of Bindeshwari Bhagat (P.W. 6) recorded on 16.04.2004 at about 6.45 hours at village Makhani within P.S. Godda(M), District -Godda, in brief, is that on 15.04.2004 at about 6 p.m. Basuki Bhagat (brother of the appellant) informed that the appellant had been causing assaulted to his wife and he had kept her confined in a room. On the following morning, the informant went to the house of his daughter Rita Devi and he had seen the people assembled. When he inquired from them it was informed that son -in -law, Suresh Bhagat had assaulted his wife Rita Devi and after committing murder he fled away from the house. The informant then entered in room and found Rita Devi lying dead. Fardbeyan of the informant was recorded and a case being Godda (M) P.S. Case No. 111/2004 dated 16.04.2004 under Sec. 302 of the Indian Penal Code against the appellant Suresh Bhagat was registered.

(2.) The police after due investigation submitted charge -sheet and accordingly cognizance for the offence punishable under Sec. 302 of the I.P.C. was taken. Since the offence under Sec. 302 IPC is exclusively triable by the Court of Sessions, the case of the sole appellant was committed and it was registered as S.T. No. 85 of 2005/11 of 2005.

(3.) Charge under Sec. 302 of the IPC against sole appellant Suresh Bhagat was framed on 07.05.2005 and he was put on trial. The prosecution, in order to substantiate the charge, examined altogether ten witnesses. The learned 1st Additional Sessions Judge considering the evidences and documents on record held the appellant guilty for the offence punishable under Sec. 302 of IPC and sentenced him, as indicated above. Hence, this appeal.