MANGAL TUDU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this criminal appeal, the sole appellant has challenged the judgment of his conviction under section 302 of the Indian Penal Code.

(2.) In Sessions Trial Case No.97 of 2009, the appellant has faced the trial on the charge of committing murder of his wife, namely, Kunki Soren @ Kunki Majhi.

(3.) The informant of this case, namely, Ram Soren is brother of the deceased. On the basis of his fardbeyan which was recorded at 11.30 hrs. on 09.12.2008, Patmada P.S. Case No.85 of 2008 has been lodged against the appellant under section 302 of the Indian Penal Code. In his fardbeyan, the informant has stated that he has received an information that yesterday, on Monday, his sister Kunki Soren has died. Upon such information, he came to the house of his sister Jagri Soren where he has found dead body of his sister Kunki Soren. On enquiry from the villagers, he came to know that yesterday Jagri Soren, her son-in-law, namely, Hakim Tudu and husband of Kunki Soren, the appellant, were threshing paddy in the courtyard of Jagri Soren. At that time, Kunki Soren was cooking food. In the meantime, husband of Kunki Soren asked her to serve food, however, she could not serve food immediately and this angered her husband. He picked up a small stick (lathi) and assaulted his wife due to which Kunki Soren died instantly.