S. Chandrashekhar, J. - (1.) Sole appellant in this Criminal (Jail) Appeal has been found guilty of committing murder of his wife. In Sessions Trial No. 64 of 2006 he has been convicted for the offence punishable u/S. 302, I.P.C and sentenced to undergo R.I for life. Taking cognizance of letter, dated 19.05.2008 of the convict forwarded through the Jailor, Birsa Munda Central Jail, Hotwar, Ranchi, this Criminal (Jail) Appeal was instituted on 01.07.2008. Judgment of conviction dated 24.01.2008 and order of sentence dated 31.01.2008 passed in Sessions Trial No. 64 of 2006 are under challenge in this Jail Appeal.
(2.) Prosecution of the appellant in Majhgaon (Kumardungi) P.S. Case No. 33 of 2005 was initiated on the basis of fardbeyan of Jogna Pingua recorded on 10.11.2005 at about 22:30 hrs. at the house of Dulu Gagrai. The informant alleged that his daughter namely, Sobni Gagrai was married to the accused-Dulu Gagrai about 5-6 years before the alleged occurrence. From the wed-lock they were blessed with one son and one daughter. He claimed that at 7:00 p.m., he received an information that his son-in-law-Dulu Gagrai had murdered his daughter. When he arrived at their house at about 9:00 p.m., he found his daughter lying dead inside the house near the oven. His son-in-law, the accused was not present in the house. A First Information Report was lodged on 11.11.2005 u/S. 302, I.P.C. against the accused-appellant. After cognizance of the offence u/S. 302, I.P.C was taken, the learned Magistrate committed the case to the Court of Session and on the basis of the materials on record, charge for the offence punishable u/S. 302, I.P.C was framed, to which the accused pleaded not guilty and claimed trial. During the trial altogether 12 witnesses were examined by the prosecution. The defence also examined one witness namely, Babu Ram Bhagat. The informant-Jogna Pingua was examined as P.W.1. The Investigating Officer-Babu Ram Bhagat is P.W. 10 and the doctor who conducted the post-mortem examination over the dead body has been examined as P.W 11. He has found the following injuries on the dead body: i) Lacerated wound left side of skull 2''''x 1'''' x bone deep. ii) Lacerated wound on right side of skull 1''''x1/2''''x bone deep/ (left and right ear were missing). iii) Lacerated wound on back of the skull 3x1/2\" x bone deep. iv) Abrasions on the back.
(3.) Holding that the circumstances established by the prosecution point towards the guilt of the accused and therefore, the prosecution has successfully proved the charge of murder framed against the accused, the learned Additional Sessions Judge found the accused-appellant guilty of committing murder of his wife and accordingly, he was convicted for the offence punishable u/S. 302, I.P.C.;