- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 26.9.1997 and 27.9.1997 respectively passed in S.T, No. 347 of 1995 by Additional Sessions Judge, Gumla, whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) THE prosecution was launched on the basis of fardbeyan of the informant Dasrathi Devi (P.W. 1) wife of the deceased. Briefly stated prosecution case, as per the fardbeyan of P.W. 1, Dasrathi Devi is that on 13.9.1995, her husband Sheocharan @ Juru Nagesia (deceased), who was a labourer, had returned home in the evening. At about 7 p.m., he had gone for strolling in the village and returned at 10.30 p.m. On enquiry for the reason' of delay, he told that the appellant levelled false allegation and picked up quarrel with him and consumed time. After changing cloths, Sheocharan went outside house for urination. In the meanwhile the appellant came armed with an axe and inflicted repeated blows on her husband . due to which he fell on the ground and started writhing. She raised alarm, whereupon Lohar Nagesia, Dhanram Nagesia, Ram Tahal Nagesia and others arrived. The appellant fled away. Her husband succumbed to the injury and died.
(3.) ON the basis of aforesaid fardbeyan, the police registered a case under Section 302 of the IPC and took up investigation. On conclusion of the investigation a charge -sheet under Section 302 IPC was submitted against the appellant.;