- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 30.08.2003 and 02.09.2003 respectively passed by the Addl. Sessions Judge, Fast Track Court No. II, Gumla in connection with Sessions Trial No. 188 of 2002 corresponding to G.R. Case No. 236 of 2002 arising out of Palkot P.S. Case No. 16 of 2002 whereby both the appellants have been held guilty for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.
(2.) The prosecution case, in brief, is that on 22.04.2002 at about 8.00 p.m. while the informant was sitting with other villagers at the side of road, his daughter Lalo Orain informed that her mother -in -law Janki Orain has been killed by Ranthu Oraon and Goindi Orain and this occurrence of murder has taken place in the lane falling between the house of Rajeshwar Singh and Bania Sahu. After receiving such information, the informant rushed to the place and found his wife Janki Orain lying dead having injuries on her head caused by sharp cutting weapon. Fardbeyan of Porha Oraon PW -6 was recorded on 23.04.2002 at 6.30 a.m. at village Umra.
(3.) On the basis of fardbeyan so recorded, Gumla, Palkot P.S. Case No. 16 of 2002 dated 23.04.2002 under Sec. 302/34 of the Indian Penal Code against the appellants was registered. The investigation was carried out, inquest report and seizure list were prepared, post mortem on the dead body of Janki Orain was conducted and after collecting evidence, chargesheet against the appellants was submitted. Accordingly, cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No. 188 of 2002. Charge under Sec. 302/34 of the Indian Penal Code was framed to which the appellants pleaded not guilty and claimed to be tried. To substantiate the charge prosecution has examined altogether seven witnesses whereas the appellants also got examined Raghunandan Sahu DW -1 in their defence. The learned trial judge, placing reliance on the evidence and documents on record, held the appellants guilty and sentenced them, as indicated above.;