- (1.) THIS appeal is directed against the judgment of conviction dated 24.05.2004 and order of sentence dated 25.05.2004 the additional Sessions Judge -cum -Fast Track Court No. I, Gumla in Sessions Trial No. 216 of 2000 whereby and whereunder the court having found the appellant guilty for committing murder of his wife Gloria Kerketta, convicted him for the offence punishable under section 302 of IPC and sentenced him to undergo for imprisonment for life.
(2.) THE case of the prosecution as has been made out in the fardbeyan is that on 21.08.2000 while informant Pollus Kullu, P.W. 9, as well as his wife Dholly Kerketta, P.W. 1, were in the house, Dholly Kerketta heard distress sound coming from the house of informant's brother Isdor Kullu the appellant. Upon it P.W. 9, Pollus Kullu when came to house of his brother Isdor Kullu he saw appellant catching hold of his wife Gloria Kerketta from whose neck blood was coming out and at that time, the appellant gave tangi blows over the head of his wife, the deceased. When the informant made protest, the appellant by leaving his wife ran towards him for assaulting him. The informant (P.W. 9) fled from there by raising alarm that his brother has killed his wife. On hearing him several villagers assembled there. Meanwhile, he brought chowkidar there, but by that time the appellant had left home. Meanwhile, police reached over there and recorded the fardbeyan (Ext. 4) of the informant where the informant stated that since his bhabhi was not bearing any child and that his brother was suspecting her to be unchaste his brother killed her. Upon it a formal FIR (Ext -4) was drawn. He took up the matter for investigation during which he held inquest on the body of the deceased and prepared an inquest report.
(3.) THEREUPON the dead body was sent for post mortem examination which was conducted by doctor, Dr. Manvendra Kumar Singh, P.W. 8. On holding autopsy he did find following injuries: - (i) one incised would 1" above right mustoid antrum measuring 3"x 11/2"x brain deep, right perital and occipital bone were fractured; (ii) one incised would over right temporal region 3"x1" x bone deep right temporal bone fractured; (iii) one incised would in front of right tragus measuring 1"x1/2"x brain deep, right jagomatic process fractured; (iv) one incised wound over nape of neck 5"x 21/2"x bone deep. (v) Cervical vertibera cut brain and meninges lacerated, clotted bood present in cranial cavity. The doctor, issued post mortem examination report (Ext. 2), with an opinion that death was caused due to shock and hemorrhage on account of sharp cutting injuries could by weapon like Tangi.;