RAM BRIKSH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction and sentence dated 22nd March, 2005 passed by the Additional Sessions Judge, Fast Track Court IV, Garhwa, in Sessions Trial No. 93 of 2004 (arising out of Ranka P.S. Case No. 78 of 2003, corresponding to G.R. No. 716 of 2003), whereby the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life without fine.

(2.) The informant who is the son of accused Ram Briksh Singh lodged the fardbeyan, (on the basis of a hearsay information given by his own sister, namely, Parmila Kumari,) wherein he has stated that on 05.09.2003 when he returned from Barwadih, his sister told him that her father had killed her mother by giving farsa blows, thereafter with the help of the villagers the informant found the dead body of the mother in the field. He found sharp cut injuries on both hands and there was injury on the neck also. It is further stated that the accused had two wives and the deceased was the first wife. There was a dispute going on between the deceased and her husband in respect of partitioning the agricultural fields and other properties. The agricultural land was partitioned but the quarrel was going on in respect of partitioning other properties which resulted in this occurrence. In the First Information Report it has also been mentioned that the accused Ram Briksh Singh has voluntarily confessed his guilt before one Brij Bihari Singh that he has murdered the first wife by farsa.

(3.) The said fardbeyan was registered as Ranka P.S. Case No. 78 of 2003 corresponding to G.R. No. 716 of 2003 under Section 302/201 of the Indian Penal Code. The police, on the basis of the said fardbeyan and after registering the case started investigation. After completion of investigation, charge-sheet was submitted against Ram Briksh Singh, the accused. After cognizance the case was committed to the Court of Sessions. The charge was framed against the accused as he pleaded "not guilty", and he claimed to be tried.