SONU BEHERA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel Mr. Arun Kumar representing the appellant as a panel lawyer of JHALSA and learned Additional Public Prosecutor Mr. Gouri Shankar Prasad.

(2.) This appellant is undergoing rigorous imprisonment for life with a fine of Rs.5,000/-, in default whereof to suffer three months simple imprisonment upon his conviction for the offence under Section 302 of the I.P.C. for the murder of his wife namely Shanti Behara rendered by the learned court of Additional Sessions Judge-II, Ghatsila in Session Case No.94 of 2013 vide impugned judgment of conviction dated 14th July 2014 and the order of sentence dated 16th July 2014. Informant is a Chowkidar no.1/7 Uttam Karamkar of village Meria, P.S. Musabani, District East Singhbhum upon whose Fardbeyan recorded by Sub-Inspector A.K. Dubey, Officer-in-charge, Musabani Police Station at 12.30 hours on 18th July 2012 at Quarter No. SPR 7/9 Harijan Basti, P.S. Musabani, the F.I.R. was lodged bearing Musabani P.S. Case No.35/2012 under Section 302 of the Indian Penal Code on 18th July 2012 at 15 hours against the sole accused/appellant herein. The informant has interalia made the following allegations in his Fardbeyan:

(3.) Investigation commenced upon institution of F.I.R. and after finding the case true, chargesheet bearing no.47/2012 dated 31st July 2012 was submitted under Section 302 I.P.C. against the sole accused. Cognizance was taken by the learned court on 22.09.2012. The case was committed thereafter to the court of sessions on 05.01.2013. Charges were framed under Section 302 I.P.C. against the sole accused on 21st May 2013 by the learned court of District and Additional Sessions Judge-II, Ghatsila. The charges were explained to the accused in Hindi which he denied and claimed to be tried. The case was thereafter put up for trial in which prosecution adduced eight witnesses named as under :-