AWADH KUMAR DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant Awadh Kumar Dangi is aggrieved by the Judgment of conviction dated 3.7.2006 and Order of sentence dated 4.7.2006, passed by learned Additional Sessions Judge, Fast Track Court-III, Hazaribagh, in S.T. No.43 of 2005, whereby, the appellant, who is husband of deceased, has been found guilty and convicted for the offences under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment and fine of Rs.5000/-for the offence under Section 302 of Indian Penal Code and he has been further sentenced to undergo imprisonment for seven years and fine of Rs.5000/- for the offence under Section 201 Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) According to the prosecution case, the deceased Girija Devi had been married to the appellant about 10 to 12 years prior to the occurrence. Out of the wedlock, they had three children, two daughters and one son. It is alleged that the appellant and his cousin were working at Punjab, where the appellant developed illicit relationship with the wife of his cousin and thereafter, he started subjecting his wife to cruelty and torture. The deceased Girija Devi also went to Punjab to live with her husband about six months prior to the occurrence. It is alleged that during Durga Puja of the year 2004, the deceased had come to her parent's place along with her husband. On 22.10.2004 in the night the appellant and his wife went to see Durga Puja Mela at Deokuli in the night and when by the morning, they did not return back, the search was made. It is alleged that when the informant Kamal Mahto, reached near the well at Kakrola Badh, the slipper of the deceased was found near the well and there were marks of dragging in the nearby paddy field. The informant, thereupon called his other family members and the dead body of the deceased was found in the well, which was taken out of the well. There were marks of violence on the dead body. The informant has alleged that due to illicit relationship with his cousin's wife, the appellant had taken away the deceased on the pretext of visiting the Durga Puja Mela, and had committed the murder of his wife by strangulating her and had thrown the dead body in the well for concealing the evidence. The dead body of the deceased was brought to the Police Station, where the fardbeyan of the informant Kamal Mahto, who is father of the deceased, was recorded to the aforesaid effect on 23.10.2004, on the basis of which, Ichak P.S. Case No. 102 of 2004 corresponding to G.R. No. 2611 of 2004 was instituted and investigation was taken up. Upon investigation of the case, the police submitted charge-sheet after arresting the appellant.