DUTI MUNDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal has been directed against the judgment of conviction and order of sentence dated 10.7. 2003 and 11.7.2003 passed by the learned Addl. Judicial Commissioner, Ranchi in S.T. No. 87 of 2002/T.R No. 523 of 2002 arising out of G.R.Case No.3018 of 2001corresponding to Ormanjhi P.S.Case No. 107 of 2001 whereby the above named appellant has been held guilty for the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with payment of fine Rs.500/ -.

(2.) The case of the prosecution as it appears from the Fardbeyan of the informant Etwa Munda S/O Sumra Munda,village Chandra, P.S Ormanjhi Dist.Ranchi recorded by S.I, K.D Poddar, Officer Incharge Ormanji P.S. on 23.10.2001 at 11.00 a.m at Chandra that while his entire family was taking food and thereafter sleeping, he heard screams (hulla) emanating from the house of Duti Munda which is adjacent to his house and he thought that what is happening so early in the morning in the house of his cousin brother (Duti Munda) where he and his wife live. On hearing hulla after getting some persons from the village together, he went to the house and saw that door was closed from inside and screams are coming out and informant and other villagers shouted to open the door but door was not opened, then he broke the door and entered into the house and found that there is another room in which door was also closed from inside which was opened after repeated call. It was further alleged that when he entered in the room he found that accused Duti Munda had Kulhari in his hand and his wife was writhing in pain who had been assaulted on the neck with an Axe and blood was oozing out from the wound. It is further alleged that in this house no one else lives except his nephew who has gone away for doing work. It is further alleged that often quarrels and fighting took place between accused and his wife and in this way Duti Munda had assaulted his wife on the neck and she died in front of him.

(3.) On the basis of the Fardbeyan of Etwa Munda Ormanjhi P.S.Case No. 107 of 2001 corresponding to G.R. No. 3018 of 2001 for the offence punishable under section 302 of the Indian Penal Code was registered. The police, after due investigation, submitted charge sheet, accordingly cognizance of the offence was taken and the case was committed to the court of Sessions and registered as S.T No. 87 of 2002.