SUNISHAR MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This criminal appeal is directed against the Judgment of conviction and Order of sentence dated 07.03.2005 passed by the learned 4th Additional Sessions Judge, Dumka, in Session Case No. 294 of 2004/142 of 2004, whereby the Trial Court below has found the sole appellant guilty and convicted him for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life and fine of Rs. 1000/-. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for a period of six months.

(3.) The prosecution was instituted on basis of the fardbeyan of the informant Nandu Lal Hembram (P.W.1), informing that Milu Hembram, the daughter of the informant was married to the accused Sunishar Murmu and they were residing together. There was some quarrel between the husband and the wife, as a result of which, two days prior to lodging of the FIR, Milu came to her paternal home and started residing there. On 1.6.2004, Milu Hembram along with her cousin Gungri Hembram (PW.4), aunt Panmuni Hembram (P.W.2) and grand-mother Folo Marandi (PW.3) at about 3:30 p.m. went to hatia bazar at Masalia. At about 8:45 p.m., Sandip Tudu (P.W.6) of village Bansjora came to the informant and informed him that all those persons were returning from the market and when they reached near the Electricity Office, at about 8:30 p.m., Sunishar Murmu, the husband of Milu, came from behind and stabbed Milu and fled away, as a result of which, Milu Hembram died at the spot. Upon getting the said information, the informant rushed to the place of occurrence and saw his daughter lying dead by the side of the road with blood oozing out from her wound. Gungri Hembram,.Panmuni Hembram and Folo Marandi informed him that the husband of Milu came from behind with knife and stabbed Milu and fled away, as a result of which, she died.