KAILASH PRASAD DEO,J. - (1.) Heard, learned counsel for the appellant and learned A.P.P. for the State.
(2.) Sole appellant herein stood convicted vide impugned judgment dated 20.10.2005 rendered in Session Trial Case No.39 of 2005 by the court of learned Additional District and Sessions Judge, Fast Track Court-I at Chaibasa for the offence punishable under Section 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life vide impugned order of sentence dated 21.10.2005. The appellant is in custody since 20.10.2004.
(3.) Prosecution was launched on the basis of fardbeyan of the Bua (aunt) of the appellant namely, Budhani Gawalin recorded at 17.00 hours on 20.10.2004 at the residence of the deceased. She alleged that on 20.10.2004 she had gone for work in the fields at 7.00 A.M. when at 10.00A.M., she came to know that her nephew accused Gopi Gope son of Gora Gope had killed his wife Palo Gope and hanged her from a Balli by means of rope. She came back and saw the deadbody of her daughter-in-law Palo Gope hanging from the Balli (wooden log) with both her legs bent touching the ground. She informed the villagers and the Munda of the village. She further alleged that her nephew accused, Gopi Gope used to beat and abuse his wife regularly and whenever she used to ask for anything, he used to abuse her and beat her. She claimed that Gopi Gope always used to threaten his wife to kill her. For this reason accused Gopi Gope has killed his wife and caused her body to be hanged by a rope from the Balli(wooden log). Her nephew (the accused) was kept tied by the villagers and was handed over to the Sub-Inspector of Chakradharpur Police Station before whom the fardbeyan was recorded.;