M .Y.EQBAL,J - (1.) The instant appeal is directed against the judgment dated 24th May,2000 passed by the First Additional Sessions Judge, Jamshedpur in Sessions Trial No.110 of 1997, whereby the sole appellant Gansha Tuddu @ Bhatu Tuddu has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) ON the basis of fard beyan of Chandra Murmu recorded by the Sub Inspector of Police of Sundernagar P.S., an FIR was lodged on 26.12.96 and a case was registered being Parsudih P.S. Case No.275/96 under Section 302 of the Indian Penal Code against the appellant. The prosecution case in brief is that the informant Chandra Murmu has one daughter named Dulari, who married with the appellant Gansha Tuddu out of her own sweet will. Out of the said wed lock a girl child was born. Further case of the prosecution is that some quarrel used to take place between the daughter of the informant Dulari Tuddu and the appellant, her husband Gansha Tudu on small matters for which the appellant used to assault Dulari Tuddu. Dulari Tuddu used to take shelter in the house of the informant. However, whenever the appellant used to come to the house of the informant, Dulari Tuddu was sent back with the appellant. On the occasion of Dipawali, the appellant assaulted his wife Dulari, as a result of which she fled away from the house of the appellant and took shelter in the house of the informant, who is her father. The appellant visited the house of the informant once or twice at about 10 PM and asked the informant and his wife namely Sugi Murmu to send Dulari with him. The informant and his wife told the appellant to come at day time to take Dulari with him. The appellant stayed in the house of the informant for about a week. On 25.12.96 the appellant retuned to his house in the evening and again came back to the house of the informant at about 11.30 PM. At that time the appellant was armed with sword and was in drunken condition. The informant and his wife were making themselves warm near the fire. The appellant insisted the wife of the informant to send Dulari with him but Sugi Murmu declined to do so because of the night. On refusal by the wife of the informant to send her daughter Dulari with the appellant, the appellant gave a blow on the neck of Sugi Murmu, who fell down on the ground. The informant made hue and cry as a result of which his son and daughters and nearby people reached to the place of occurrence. The appellant after giving blow to Sugi Murmu, fled away with the sword. By the time of arrival of the people, Suggi succumbed to her injury.
(3.) AFTER the occurrence the police party came at the place of occurrence and the investigating officer recorded the statement of the witnesses, prepared inquest report and sent the dead body for post mortem to MGM College and Hospital, Jamshedpur. After the occurrence alleged to have taken place, the appellant accused was arrested by the investigating officer along with the sword while he was hiding himself in the field of Champai Murmu. The police after investigation finally submitted charge sheet against the appellant under Section 302 of the Indian Penal Code and the case was committed to the court of sessions for trial where charge was framed against the appellant under Section 302 of the Indian Penal Code. The appellant pleaded not guilty and denied the charge against him.;