- (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) Appellant is aggrieved by the impugned Judgment of conviction dated 31st August 1996 and Order of sentence dated 02.09.1996, passed by the learned Additional Sessions Judge, Gumla, in S.T. No.52 of 1995, whereby the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sanicharwa Chick Baraik, recorded on 9.11.1994, at his village Upper Khatanga Kobi Toli, P.S. Raidih, District Gumla, wherein, he has stated that on the same day at 9.30 A.M., he was returning from his field and one Katrina Kujur, who was coming from the forest picking woods, was going ahead of him. When she reached near the house of Jaimuni, she raised alarm that the accused Jaguwa Gope was assaulting Jaimuni by axe on her head. In the meantime, Jaguwa Gope fled from there with the axe in his hand, and he threw the axe, and fled away towards the forest. The informant has stated that there was enmity due to land dispute between Jaguwa Gope and the deceased Jaimuni, due to which, Jaguwa Gope had assaulted the deceased causing her death. He has stated that while fleeing away, the dhoti of the accused fell down, which the informant put at the house of the deceased and had also put the axe near the dead body. On the basis of the fardbeyan of the informant, Raidih P.S. Case No.69 of 1994, corresponding to G.R. No.716 of 1994, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused, and the investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;