AJAY SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.03.2004 and 31.03.2004 respectively passed by Additional District and Sessions Judge, Fast Track Court - VIII, Jamshedpur in S.T. No. 111 of 2002 whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. However by the said judgment learned court below has acquitted the appellant from the charge levelled against him under Section 376 of the Indian Penal Code.

(2.) THE case of the prosecution as per the written report of Chetan Das is that on 07.02.2002 while he was working in his department he received information on telephone that his wife Leelawati @ Puspa has received burn injury. On the aforesaid information he went to Tata Main Hospital and saw that his wife was burnt comprehensively. After admitting his wife in TMH (Tata Memorial Hospital), he came to his house, where he was informed by his sister -in -law Reena that in the night she woke up after hearing hue and cry and saw that informant's wife was burning and crying for help. The appellant was present there. When Rina inquired about the reason for burning his sister, the appellant allegedly threatened her and directed her to give the key of gate. When she refused to give the key, the appellant pressed her neck and threatened that she would also be burnt to death. Out of fear she opened the lock and the appellant fled away. The informant's wife died in the morning of 08.02.2002. It was alleged that the appellant committed murder of informant's wife after committing rape upon her.

(3.) AFTER completing the investigation, police submitted charge sheet against the appellant under Section 376 and 302 I.P.C. After cognizance of the said offence was taken, the case was committed to the court of Sessions.