- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 23.4.2004 passed by Additional Judicial Commissioner, FTC -IV, Ranchi in S.T. No. 340 of 2002, whereby and whereunder, the court having found the appellant guilty for committing murder of his wife Karmi Oraoin convicted him for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution, as has been made out by the prosecution, is that the Officer In -charge of Mandar Police Station received an information on 8.4.2002 that some occurrence has taken place at Village Tunko Toli, Chund. On receiving such information, Officer In -charge asked one Hare Ram Paswan -Sub Inspector (P.W.7) to go to the place of occurrence for its verification. When Hare Ram Paswan -P.W. 7 reached to the place of occurrence at about 6:30pm, he was informed by Radha Mohan Oraon, Chowkidar (P.W. 1) that while he was in his house, he came to know that the appellant has killed his wife by chopping off her head with 'spade'. Thereupon, he immediately came to the place of occurrence and found the dead -body lying on the ground where the appellant was brandishing 'spade' and was not allowing anyone to come near the dead -body. He further informed that the appellant had killed his wife, as he was having suspicionthat his wife had had illicit relationship with someone else. Accordingly, Investigating Officer recorded the fard -beyan (Ext.1 /1) of P.W. 1, upon which a formal FIR (Ext. 3) was drawn against the appellant.
(3.) THE Investigating Officer during investigation held inquest on the dead -body of deceased -Karmi Oraoin and prepared an inquest report (Ext. 4). During inspection of the place of occurrence, earth smeared with blood was seized under seizure list (Ext.5). At the same time, the police also seized 'spade'. The Investigating Officer sent the dead -body for postmortem examination which was conducted by Dr. Ram Sevak Sahu -P.W. 6 who upon holding autopsy on the dead -body of the deceased -Karmi Oraoin found the following injury: - 12cm x 5cm x bone deep on fronto lateral neck cutting soft tissue blood vessels trachea oesophagus, 3rd, 4th and 5th survical vertebra including spinal code. Cut was also found on the left side of mandible bone. On inspection of the wound, three tissue tags were found projecting from left margin of wound indicating minimum of four blows. There was infiltration of blood and blood clots in the soft and bony tissues on the side of injuries. The doctor issued postmortem examination report (Ext.2) with an opinion that the death was caused on account of sharp cutting heavy weapon due to above -mentioned injuries, caused by sharp cutting heavy weapon like that of 'spade and gandasa'. After completion of the investigation, when the Investigating Officer submitted charge -sheet against the appellant, cognizance of the offence, as aforesaid, was taken and the case was committed to the Court of Sessions where the appellant was put on trial.;