GOLA GAGRAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by this Court for the appellant, and learned counsel for the State.

(2.) This appeal has been filed by the appellant, being aggrieved by the Judgment of conviction dated 10.01.2006 and Order of sentence dated 16.01.2006, passed by the learned Additional Sessions Judge, F.T.C.-V, Chaibasa, in Sessions Trial No. 121 of 2004/S.T.R. No. 42 of 2004, whereby, the sole appellant has been found guilty and convicted for the offence under Sections 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Lakhan Hembrom (the Munda of the Village), recorded by the S.I. of Chakardharpur Police Station, on 12.2004 at 11.00 A.M., wherein he had stated that in the previous night at about 01.00 A.M., Khudia Gagrai of his village came and informed that his brother Gola Gagrai had committed the murder of his wife and the dead body was in the house. On the said information, the informant went to the place of occurrence and found the dead body of the lady in the house. Her husband Gola Gagrai (the accused) was also present in the house and several other persons of the village were also there. He asked the accused Gola Gagrai, whereupon he stated that he had some quarrel with his wife, in which he had assaulted his wife, due to which she died. The informant stated that from the dead body it appeared that the deceased was murdered by using sharp cutting weapon and lathi-danda. The accused Gola Gagrai was kept in the house and he was produced before the police. On the basis of the fardbeyan, Chakardharpur P.S. Case No. 15 of 2004, was instituted for the offence under Section 302 of the Indian Penal Code, against the accused Gola Gagrai, and investigation was taken up. After investigation, the police submitted the charge sheet against the accused.