SITA RAM MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae, appearing for the appellant, and learned Addl. P.P., appearing for the State.

(2.) This is a jail appeal, in which the sole appellant is aggrieved by the Judgment of conviction dated 14.11.2006 and Order of sentence dated 18.11.2006, passed by the learned Sessions Judge, Dumka, in Sessions Case No. 137 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, he has been sentenced to undergo R.I. for life for the said offence.

(3.) The appellant is the husband of the deceased Pansori Tudu and the prosecution case was instituted on the basis of fardbeyan of the informant Chowkidar Bengali Tatwa (P.W.-4), recorded at the village of the appellant on 26.12.2004, at about 3:00 p.m., wherein, the informant has stated that upon completing his duty at Baba Basukinath Temple, he was returning back and when he reached near Darshania Bandh, he was informed that one female had died in Bishanpur village. He reached there and saw some people assembled at a place, but upon seeing the Chowkidar they dispersed. He saw some persons assembled at the house of the accused Sita Ram Marandi, whereupon he entered the house and found the dead body of the deceased on a cot. Upon questioning the accused, he informed that it was the dead body of his wife Pansori Tudu, and on the previous day, after returning from hatia, there was some quarrel between them wherein he assaulted his wife, causing her death. He found the sign of strangulation by rope on the neck of the deceased. On the basis of the fardbeyan given by the informant Chowkidar, Jarmundi P.S. Case No. 254 of 2004, corresponding to G.R. No. 1342 of 2004, was instituted under Section 302 of the Indian Penal Code, against the accused Sita Ram Marandi, and the investigation was taken up. Upon completing the investigation, the police submitted the charge-sheet in the case.