RATNAKER BHENGRA,J: - (1.) Heard the parties.
(2.) This criminal appeal is directed against the judgment of conviction and the order of sentence both dated 04.02.2006, passed by the learned 1st Additional Sessions Judge, Gumla in Sessions Trial No. 231/ 2004, arising out of Palkot PS Case No. 18/2004 dated 11.05.2004, corresponding to GR No. 276/2004, whereby and whereunder, the appellant was convicted under Section 302 and Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.500/- under Section 302 of the Indian Penal Code and rigorous imprisonment for five years and fine of Rs.500/- under Section 201 of the Indian Penal Code. The appellant is to further undergo simple imprisonment for six months in default of payment of the fine. Further both the sentences were ordered to run concurrently.
(3.) The case of the prosecution as per the written report of the informant, Chowkidar-3/1, Chautha Kharia, PW-6 is that on 11.05.2004 at about 14:00 hours the informant got the information from the villagers that Mansu Turi aged about 50 years R/o village Bagru, PS Palkot, District- Gumla had killed his wife, Faguni Turi aged about 40 years. Accused Mansu Turi had made his wife Faguni Turin drink wine in the night of 09.05.2004 and with the help of the thread of her tabij he had strangulated her to death. In the morning of 11.05.2004 he had buried the dead body in his own house with intention to screen the evidence. It is further stated by the informant that on getting the information, he went to the house of Mansu Turi but he was not present at his home. Mansu Turi had two wives- first was Sukarmani Turin aged about 45 years who lives separately from him at village Bagru, PS Palkot, District Gumla and from whom he has a son named Jagarnath Turi who lives at Goa at present. The second wife was Faguni Turin from whom they have a son Anjan Turi, who had gone for work in the brick kiln at Jahanabad and had returned to the village very recently. The accused Mansu Turi also has two daughters who are married. At the time of the incident Mansu Turi and deceased Faguni Turin were in home. According to the villagers, they generally quarreled with each other and due to that Mansu Turi had killed his wife Faguni Turin and with intention to screen the evidence he had buried her in the house.;