RAMJATAN BHUIYAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 16.06.2006, passed by the Learned District & Sessions Judge, Latehar, in connection with Sessions Case No. 102 of 2005, corresponding to Chandwa P.S. Case No. 06 of 2005, dated 11.01.2005, G.R. Case No. 19 of 2005, whereby the Learned District & Sessions Judge has held appellant guilty for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) The prosecution case, as it appears from the Fradbeyan of Makho Devi wife of Lallu Bhuiyan recorded on 11.01.2005 at about 14.30 hours at village Sasang Bhuia Toli, within P.S. Chandwa, District - Latehar, in brief, is that the informant left home at about 8 a.m. for hammering the stone at Sasang. At about 10 a.m her grand -son aged about 8 years informed that his uncle (elder brother of his father) has been causing assault to his wife by confining her in the room. The informant went to her house and saw her elder son causing assault to his wife. When, she raised alarm, Ramjatan Bhuiyan (appellant) took out his wife Yasoda Devi (Deceased) from the room and threw her on the road. The informant noticed injuries on the persons of Yasoda Devi and after a while she died at the place where she was thrown. The informant happens to be the mother of appellant Ramjatan Bhuiyan. Her Fardbeyan was recorded and a case being Chandwa P.S. Case No. 6 of 2005 under Sec. 302 of the Indian Penal Code against appellant Ramjatan Bhuiyan was registered.

(3.) 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. 102 of 2005.