JAIDHAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Indu Shekhar Gupta and Learned counsel for the State Mr. Satish Kumar Keshri learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 25.03.2010 and order of sentence dated 26.03.2010 passed by 5 th Additional Sessions Judge, FTC, Dumka in Sessions Case No. 131 of 2009 whereby the learned Trial Court has held the sole appellant Jaidhan Murmu guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigourous imprisonment for life.

(3.) The prosecution case as unfolded on the basis of fardbeyan of the Informant Jawaharlal Rai, P.W.1 recorded by Sub Inspector of Police Tulsi Prasad, Officer-In-charge, Tongra Police Station on 03.02.2009 at about 11.00 A.M. in village Tarani is that, the informant has stated that in the morning of 03.02.2009, he was going to the house of Dilip Rai for bringing the net to catch fish. As soon as he reached near the house of Jaidhan Murmu, he heard brawl. The informant has further stated that other villagers were also present there. They entered into the house of Jaidhan Murmu and saw Jaidhan Murmu son of Late Rameshwar Murmu was assaulting his wife indiscriminately by means of sword due to which, his wife fell on the grains and died. Jaidhan Murmu, after killing his wife has fled away. The occurrence was witnessed by Informant and other co-villagers. The occurrence took place as there was some quarrel between the wife and the husband with regard to the running of shop in the morning.