H.C.MISHRA,J. - (1.) Heard learned counsel for the appellant and the learned Addl. P.P. for the State.
(2.) The sole appellant is aggrieved by the Judgment of conviction dated 22.11.2006 and Order of sentence dated 27.11.2006, passed by the learned Additional Judicial Commissioner-III, Khunti, in S.T. No. 496 of 2005, whereby the 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 rigorous imprisonment for life for the said offence.
(3.) The appellant is the husband of the deceased Chano Dhan, and the prosecution case was instituted on the basis of fardbeyan of the father of the deceased, namely, Prem Das Munda, recorded on 13.11.2004 at village Pargaun, P.S. Karra, the then district Ranchi, now Khunti. This witness has stated that on 13.11.2004 in the morning Stiphan Dhan came and informed him that his daughter and son-in-law were inside the house and they were not opening the door in spite of repeated calls. In the night there was some sound of altercation between them. On getting the information, the informant came to the house of his daughter and found the house bolted from inside. When no one responded from inside the house, the villagers removed the tiled roof of the house and after removing the tiles and also breaking open the door, they entered into the room and found his daughter Chano Dhan lying dead in the pool of blood with injuries on her face, caused by sharp cutting weapon and near the dead body there was dauli, which was also blood stained. The husband of the deceased was also found sleeping in the room. The informant alleged that the husband of the deceased, i.e., the present accused-appellant, Bairnath Dhan had committed the murder of his daughter. On the basis of the fardbeyan, Karra P.S. Case No. 62 of 2004, corresponding to G.R. No. 556 of 2004, for the offence under section 302 of the Indian Penal Code, was instituted against the accused Bairnath Dhan and investigation was taken up. After investigation, the police submitted charge sheet in the case against the sole accused.;