- (1.) SOLE appellant Sukat Bhuiya @ Rameshwar Bhuiya has filed this appeal challenging the judgment of conviction and order of sentence dated 4.2.2003 and 7.2.2003 respectively passed by Additional Sessions Judge, FTC -I, Palamau at Daltonganj in ST. No. 485 of 1998 whereby and whereunder he was convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life.
(2.) THE case of prosecution, in short, as per the fardbeyan of P.W. 1, is that in the evening of 1997 at about 5 p.m. she alongwith her husband was sitting at their door. The appellant Sukat Bhuiya @ Rameshwar Bhuiya alongwith Raju Pandey and Suresh Bhuiya came armed with tangi (axe). They caught hold of her husband and took away abusing and alleging him involved in black magic practice (OJHAF). It was further alleged that they had assaulted her husband with the wooden part of Tangi (axe) and behind the house of Janeshar and Bhageshar they pushed him on the ground and severed his head by inflicting tangi blow on his neck. The informant had followed the accused persons while they were taking away her husband and witnessed the occurrence. After finishing her husband, the accused persons fled away. She raised alarm but nobody was there to listen her, as that was the day of Aashehar bazaar and the villagers had gone for marketing. 3 On the basis of aforesaid fardbeyan, the police instituted Panki P.S. Case No. 24 of 1997 dated
(3.) 8.1997 under Section 302/34 of the IPC and took up investigation. After completion of investigation, police submitted charge -sheet against the appellant under Section 302/34 of the IPC showing co -accused Raju Pandey and Suresh Bhuiya as absconder. Cognizance of the offence was taken and the case was committed to the court of sessions as the offence is exclusively triable by the court of sessions. 4 The charge was framed against the appellant under Section 302/34 ot the IPC and the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.;