GULESHWAR BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 25th of November, 2000, and Order of sentence dated nd of December, 2000, passed by the learned 5 th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 518 of 1995, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Munna Devi, the wife of the deceased Gurudayal Bhuiya, recorded on 16.3.1995 at 12.30 A.M. in the night, at the Lakhi Mata Colliery Colony, Nirsa, P.S.-Nirsa, District-Dhanbad, wherein she has stated that in the same night on 15.3.1995, at about 8.00 P.M., she was along with her husband in her house and was cooking meat. In the meantime, the accused Guleshwar Bhuiya came there and started eating the meat, which was still being cooked, whereupon she objected, and her husband said that he had made the meat stale, and asked her to give the meat to the accused. Thereafter, the accused started assaulting her and when her husband came to her rescue, he was dragged out of the house. The informant raised the alarm, but by that time, the accused Guleshwar Bhuiya took out a bhujali from his waist, and assaulted her husband on his both shoulders and in the abdomen, due to which, the intestine protruded out from the wound, and her husband died at the spot. Claiming that the accused had committed the murder of her husband assaulting him by bhujali in her presence, the fardbeyan was given by the informant, on the basis of which, Nirsa P.S. Case No. 59 of 1995, corresponding to G.R. No. 1000 of 1995, was instituted against the sole accused, for the offence under Section 302 of the Indian Penal Code, and investigation was taken up. After the investigation, the police submitted the charge-sheet in this case.