D.G.R.PATNAIK, J. - (1.) THE appellant has challenged the judgment of conviction and sentence dated 26th July, 2002 passed by the Sessions Judge, Simdega, in Sessions Trial No. 225 of 1997 whereby the appellant was convicted for the offence under Sections 302 of the Indian penal Code for committing murder of one Anjala Tete and sentenced to undergo imprisonment for life.
(2.) THE case against the appellant was registered on the basis of fard beyan of the informant, Pascal Dungdung (PW8), husband of the deceased Anjala Tete recorded by the police officer (PW 11) at the informant's village at Keyonddih Dabhapani, P.S. Simdega, Dist. Gumla. The fard beyan was recorded at 16.20 hours on 1.1.1997. Prosecution case is that on 1.1.1997 at about 8.00 a.m. while the informant sitting in front of his house was preparing a drum, he saw the appellant passing through having a tangi in his hand. In response to the informant's query, the appellant stated that he was on his way in search of his cow. However, the appellant suddenly entered into the house of the informant and began assaulting Anjala Tete, the wife of the informant, who was washing utensils within her courtyard. On hearing her alarms as also the alarms of his minor son, the informant entered into the courtyard where he saw the appellant repeating assault with tangi on the back portion of the head of the victim. When the informant went to her rescue, the appellant ran away out of the house and seeing the informant on his chase, he picked up a Basila and attempted to assault the informant with the weapon. The informant resisted by trying to snatch away the Basila from the hand of the appellant. Meanwhile, neighbouring residents arrived there and succeeded in snatching way the Basila from the hand of the appellant whereafter the appellant managed to escape. The informant thereafter asked his neighbour Tanis Toppo to inform the Mukhiya as also the police station.
(3.) THE appellant has denied the allegation pleading not guilty and claiming his innocence.;