HABIL TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae for the appellant and learned counsel for the State.

(2.) This jail appeal is directed against the Judgment of conviction and Order of sentence dated 13.04.2006, passed by the learned 1 st Additional Sessions Judge, West Singhbhum at Chaibasa, in S.T. No. 100 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, for committing the murder of his wife. Upon hearing on the point of sentence, the sole appellant has been sentenced to undergo rigorous imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Stephen Munda, who was the village Munda, recorded on 21.12.2004, near Hospital More Chowk, Goilkera, wherein the informant has stated that on 20.12.2004, at about 3:00 pm, the accused Habil Topno had assaulted his wife by 'danda' causing her death and thereafter he tried to burn the dead body of the deceased by straws, due to which the lower part of the body was burnt. He was informed about the occurrence at about 8.00 pm in the night and as such, on the next day, the dead body was being brought to the Police Station. As the S.I. of Police met in the way, the fardbeyan of the informant was recorded, on the basis of which, Goilkera P.S. Case No. 27 of 2004 corresponding to G.R. No. 287 of 2004, was instituted against the sole accused for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.