RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Heard Mr. Jitendra S. Singh, learned counsel appearing for the appellant and Mr. Bhola Nath Ojha, learned A.P.P.

2. This appeal is directed against the judgment of conviction dated 19.12.2014 and order of sentence dated 20.12.2014 passed by Shri Deepak Nath Tiwari, learned Additional Sessions Judge-II, Jamshedpur in S.T. Case No. 414 of 2012 whereby and whereunder the appellant has been convicted for the offence punishable under Sections 302/34 IPC and has been sentenced to rigorous imprisonment for life.

3. A written report was submitted by Pradhan Pasing Gundua on 17.06.2012 to the effect that on the same day at about 4 AM Suresh Gundua woke up from his sleep and in order to answer the call of nature, knocked at the door. After sometime his (informant's) daughter-in-law Lalmuni (appellant) opened the door and rebuked Suresh Gundua for roaming around at night. As Suresh Gundua was preparing to go to the field, Lalmuni came out and by calling out Suresh told him that something has happened to his brother Rupesh. When Suresh entered the room, he found Rupesh lying dead on the ground. At this Suresh woke up the other members of the family. When the mother of the deceased questioned Lalmuni, she became nervous and disclosed that since he was sleeping on the ground, he has died. It has been alleged that there was a mark of strangulation on the neck of the deceased and when Lalmuni was asked how the deceased received such injury, she fled away and hid at some place. The informant had a suspicion that it was Lalmuni who had committed the murder as for some days she was annoyed with Rupesh Gundua for not letting her visit the fair.

4. Based on the aforesaid allegations, Golmuri PS Case No. 128 of 2012 was instituted against Lalmuni Gundua for the offence punishable under Section 302 IPC. On completion of investigation chargesheet was submitted against the accused and after cognizance was taken, the case was committed to the court of sessions, where it was registered as S.T. No. 414 of 2012. Charge was framed for the offence punishable under Section 302 IPC which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 10 witnesses in support of its case.

6. PW 1 Pradhan Pasing Gundua is the informant of the case who has proved his written report, which has been marked as Exhibit-1. He has stated that the incident is of June 2012 in the night of 16th -17th . There was a mark of strangulation on the neck of Rupesh Gundua @ Mohan Singh. On 17.6.2012 Suresh Gundua who was sleeping outside had knocked at the door at 4 AM for going to answer the call of nature. After some time, Lalmuni opened the door from inside and rushed towards Suresh by saying that something has happened to his brother. He has stated that when Suresh found that things were not in order, he called his mother who was in another room. Rupesh was found lying dead on the floor and there were nail scratches on his neck and chest and in the night Lalmuni and Rupesh had slept in the same room along with their infant child. Lalmuni had disclosed that since Rupesh slept on the floor that caused his death. When Lalmuni was asked about the marks on his neck. She disclosed that Rupesh had committed suicide. When they asked about the rope, Lalmuni became nervous and fled away. He has stated that Lalmuni had an illicit relationship with someone which caused the incident.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1CJI19KC5bQPzm6rGxqPxq5kOFQgv6c988p7MpG2sjpr&caseno=Cr.A(DB)/73/2015&cCode=1&cino=JHHC010075762015&state_code=7&appFlag=)

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