SUKHDEO KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant against the judgment of conviction and the order of sentence dated 30-11-2001 passed by Shri rakesh Ranjan Verma, learned 1st Additional Judicial commissioner, Khunti in S. T. No. 429/1991.

(2.) THE accused-appellant was charged for committing the murder of his wife-Nirmala devi and was prosecuted for committing an offence under Section 302 IPC. The Court below by the impugned judgment convicted the appellant under Section 302 IPC and sentenced him to undergo R. I for life.

(3.) THE prosecution was launched on the basis of the F. I. R lodged by the accused-appellant-Sukhdeo Kumar. According to the f. I. R, the prosecution case, in short, is that while the appellant was going to Tata along with his wife on his Silver Plus Moped No. BPV-5054, suddenly his Moped broke down and stopped near Talmara Ghati. The appellant and his wife got down from the moped. The appellant started cleaning the plug etc of the vehicle. In the meanwhile, three persons came and one of them gave a strong slap on the appellant's face. The appellant dashed against the Moped and sustained bleeding injuries on his head. Thereafter, the appellant was dragged towards south from the road and two persons dragged his wife towards the Jungle. The appellant was kept restrained at the point of Bhujali and was robbed of Rs. 650/ -. The informant heard screaming of his wife, but he was helpless. After some time, three persons came from the side where they had taken his wife and fled away along with the person who was holding the appellant. Thereafter, the appellant went towards the jungle and found the neck of his wife slit and dead. The appellant raised alarm. Several persons including some drivers and cleaners of the vehicles plying on the road came there and helped the appellant to take him to Taimara T. O. P and where he informed about the occurrence.