BUDHWA TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Chaturvedi, learned amicus curiae, appointed by the Court for the appellant, and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 30.07.2004, passed by the learned 1st Additional Sessions Judge, Gumla, in S.T No. 80 of 2001, whereby, the 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, the appellant has been sentenced to undergo rigorous imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Birso Lakra, the wife of the deceased, Sukru Tigga. She has stated that on 27.10.2000, her husband had gone to harvest the Til crop but he did not return back. Due to the illness of her son, the informant also could not go to search her husband. In the morning, some children informed her that the dead body of her husband was lying on the pathway, whereupon, she went there and saw the dead body of her husband in the pool of blood with injuries on his head. She has stated in the fardbeyan that about five months prior to the occurrence, the accused, Budhuwa Tirkey had put night-soil in the community hand-pump, due to which, there was a meeting of the 'Mahila Samiti', in which, he was assaulted by the ladies and for that, he was having enmity with the husband of the informant. She has suspected that due to the said enmity, the accused, Budhuwa Tirkey had committed the murder of her husband. On the basis of the fardbeyan of the informant, Basia P.S Case No.72 of 2000, corresponding to G.R No.793 of 2000, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.