SURESH RAVIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court.:- Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the impugned Judgment of conviction dtd. 19/5/2009 and order of sentence dtd. 20/5/2009, passed by the learned 1st Additional Sessions Judge, Godda, in Sessions Case No. 25 of 2006/140 of 2009, whereby, the sole appellant has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Kaili Devi, mother of the deceased Pramila Devi, recorded on 20/9/2005 at her Village Panjradih, P.S. Meharma, District Godda, at about 5.30 A.M. in the morning, wherein she has stated that her daughter Pramila Devi was married to the accused Suresh Ram about 10 years ago, who is resident of a village at Utter Pradesh. For about last two years, her daughter was living at her parents' place, and her husband Suresh Ram had also came there about 5 to 6 months ago, and living with them. For the last 2 to 3 days he was asking to take his wife along with him, but her daughter was saying that she would go after the harvesting. On the previous date, i.e., on 19/9/2005, at about 3.00 P.M., her daughter along with her husband were alone in the house, as the informant had gone for cutting grass, and her husband had gone to a village in connection with a panchayati, and when her husband returned from the panchayati, he found that his son-in-law was not in the house and Pramila Devi was shouting in injured condition, and she told her father that Suresh Ram had assaulted her by tangi on her head and had fled away. In the meantime the informant also arrived there. Pramila Devi was being taken to Hospital, but she died in the way, and thereafter they returned back to their house. Claiming that her daughter had been killed by Suresh Ram by assaulting her with an axe, the fardbeyan was given by the informant, on the basis of which, Meharma (Thakur Gangti) P.S. Case No. 190 of 2005 corresponding to G.R. No. 973 of 2005, was instituted for the offence under sec. 302 of the Indian Penal Code, against the sole accused, and investigation was taken up. After investigation the police submitted the charge-sheet in this case.