LAWS(JHAR)-2007-4-10

JITU MUNDA Vs. STATE OF BIHAR

Decided On April 23, 2007
JITU MUNDA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Sole appellant Jitu Munda stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the Additional Judicial Commissioner, Khunti in Sessions Trial No. 691 of 1993.

(2.) Brief facts leading to this appeal are that deceased Guruwari Devi was married with the appellant for last two years. However, there was quarrel between them and deceased used to take shelter in her parent's house situated in Mauza- Aradlh, Police Station- Bundu frequently. According to P.W. 1, Sonabans Mahli, on 25-9-1992 she along with P.W.3 and P.W.6 was breeding grass from the paddy fields when the appellant came there armed with a tangi and assaulted the deceased, resulting in her death on the spot/The females could not resist. Villagers working in nearby fields assembled. In the meantime, the appellant managed to flee.

(3.) The matter was reported to Bundu Police Station next day, on which Bundu Police Station Case No. 76 of 1992 under Sections 324 and 307 of the Indian Penal Code was registered against the appellant. The police investigated the case and finally sub-mitted charge sheet under Sections 324,307 and 302 of the Indian Penal Code. The appellant was committed to the Court of Session where he was charged under Section 302 of the Indian Penal Code on 24-8-1994. The appellant pleaded not guilty. However, he was held guilty and sentenced to serve rigorous imprisonment for life under Section 302 of the Indian Penal Code.