VISHNUDEO NARAYAN,J. - (1.) This appeal has been preferred by the sole appellant named above against the impugned judgment dated 18.8.1994 passed by Shri Shyam Kumar Mishra, Additional Judicial Commissioner, Lohardagga in S.T. No. 258 of 1987/142 of 1990 whereby and whereunder the appellant was found guilty for the offence under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 2) of RW. 2, Sheikh Shekhawat Ansari, the informant recorded on 9.9.86 (Tuesday) at 8.00 hours by Shri M. Rai, O.c. Senha, RS. District, Lohardagga regarding the occurrence which is said to have taken place on 7.9.86 at 13.30 hours in the house of the appellant in village Bidhani, RS. Senha, District Lohardagga where the informant had come along with several co -villagers with the dead body of the deceased. The F.I.R. has been received in the' court of Sub -divisional Judicial Magistrate, Lohardagga on 10.9.86. The prosecution case, in brief, is that Naima Khatoon, the deceased of this case and the daughter of the informant is the lawfully wedded wife of the appellant and she was residing with the appellant in her matrimonial home. It is alleged that on 7.9.89 (Sunday) at about 1.30 hours. P.W. 4, Asruddin Ansari came running to the informant and told him that the appellant had assaulted at the abdomen of Naima Khatoon by the back portion of the Tangi (axe) in presence of P.W. 3, Kamruddin and Naima Khatoon has become unconscious fallen on the ground in the courtyard of her house and on this information the informant went to the house of the appellant and found Naima Khatoon unconscious fallen on the ground. It is alleged that the informant asked the appellant to take Naima Khatoon for treatment to the hospital and at this the appellant started abusing the informant and intimidated him to flee away from there failing which he shall be done to death and he further stated that he will do with his wife whatever he likes and at this the informant came back to his house. It is also alleged that the informant came to know that Naima Khatoon aforesaid has died at 6.00 P.M. on Monday i.e. 8.9.86. It is also alleged that the informant along with others brought the dead body of the deceased on a cot to the P.S. from the house of the appellant. It is also alleged that the appellant always used to assault the deceased as he had intention to re -solemnize his marriage after divorcing her.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case. It has also been contended that the death of the deceased is the result of the injury caused on her abdomen due to the dashing of the head of the cattle.;