- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 5 th March,2004 and 10th March,2004 respectively passed by learned Additional Sessions Judge, F.T.C. -II, Chaibasa in connection with Sessions trial no.158 of 2003 corresponding to G.R.Case no. 182 of 2003 arising out of Noamundi P.S. Case no.19 of 2003, whereby the appellant has been held guilty for the offence punishable under section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) The prosecution case, in brief, is that Shambhu Charan Kerai, who happens to be the Munda of the village, received information that Gura Purty(appellant) has killed his wife and kept the dead -body inside the house. After receiving such information, the informant along with Dhanurjay Purty (P.W.3) and Mukesh Gope (P.W.4) went to village -Uecia Bara Tola. The appellant after seeing Munda and his companion started fleeing away from his house. He was restrained after which he disclosed that he has killed his wife. Thereafter, the informant and his companion saw the dead -body of Roibari Kui(wife of the appellant) lying in a pool of blood. Fardbeyan of Shambhu Charan Kerai was recorded on 25.05.2003 and a case being Noamundi P.S. Case no.19 of 2003 under section 302 I.P.C. was registered against the appellant. The investigation was carried out and charge -sheet against appellant was submitted, accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Case no. 158 of 2003.
(3.) Charge under section 302 I.P.C. was framed against the appellant to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charge, has examined altogether six witnesses including doctor, Investigating Officer and the informant. Learned Additional Sessions Judge, F.T.C. -II, Chaibasa after considering the evidence and documents available on record, held the appellant guilty and inflicted sentenced as indicated above.;