VISHNUDEO NARAYAN, J. - (1.) THIS criminal appeal has been preferred by the sole appellant named above against the impugned judgment dated 10.8.2001 passed in S.T. No. 18 of 1998 by Shri Hari Bhushan Prasad Sinha, 1st Additional Sessions Judge, Simdega, whereby and whereunder the appellant was found guilty for the offence punishable 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 fardbeyan (Ext. 2) of PW 7, Junus Uraon, the husband of Imelda Orain, the deceased of this case recorded by S.I., Pradeep Kumar of Kurdeg P.S. on 16.9.1997 and 12.30 hours at the house of the informant in village Lukartoli Taiser regarding the occurrence which is said to have taken place between 16.00 hours to 22.00 hours on 14.9.1997 and formal FIR was drawn on that very day at 17.30 hours. The formal FIR and the fardbeyan has beenreceived in the Court of A.C.J.M., Gumta on 17.9.1997. The prosecution case, in brief, is that the informant had gone with his buffalo for grazing on 14.9.1997 where one boy of his village informed him at 16.30 hours on that day that the appellant had assaulted his wife Imelda Grain by stones and she has become injured and on this information the informant ran to his house and his wife aforesaid had told him that when she was coming after getting the cock out of her land, in the way the appellant felled her on the ground and started assaulting her by stones on her head and other parts of her body causing bleeding Injuries and the appellant was also telling her at that time of the occurrence to stop cultivating his land. She has also stated that PW 2, Sibiria Urain and PW 3, Berna Xess and several other persons came there and they saved her and brought her to her house in the injured state. It is also alleged that Imelda Orain aforesaid died at about 22.00 hours on that day. The prosecution case further is that the appellant used to abuse and quarrel with the informant prior to the occurrence regarding land. It is also alleged that the informant asked a boy of his village on Monday, i.e., 15.9.1997 to inform the police but he did not go there and the informant also could not go there because he was alone in the house with his daughter and he was thinking to go to the police station but in the meantime the police had come to his house.
(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 due to enmity which is existing and alive between the parties prior to the occurrence.;