- (1.) THE appellant Tetru Oraon has been convicted under Section 302 I.P.C and has been sentenced to undergo life imprisonment by the impugned judgment / order passed in S.T. No. 190 of 1997 by the learned Sessions Judge, Gumla.
(2.) THE prosecution case, according to the fardbeyan (Ext.4) of Railo Urain (P.W. -3), in brief is that on 13.05.1997 at about 8:00 P.M. while she was sitting in her house, she heard alarm of Charia Orain and Jagdish Oraon, she rushed to the house of Tetru Oraon where she saw Tetru -the appellant assaulting his wife with lathi, on her head. Charia Orain -victim on receiving two -three lathi blows on her head, fell down on the ground in serious condition. The appellant, thereafter, fled away from the place of occurrence. The informant administered some water to the victim but her condition did not improve. Some villagers assembled thereafter and saw the accused fleeing away with lathi in his hand. One Doctor K.P. Lal was called for her treatment but she could not ultimately survive and died on 14.05.1997. She died due to head injuries caused by lathi blows given by the appellant. It has been further stated that the appellant used to quarrel with the deceased and on that day also, just before the incident, there was hot exchange of words between them. On the basis of said fardbeyan, the police registered a case against the appellant under Section 302 of the I.P.C. and started investigation. On completion of investigation, police submitted charge sheet under Section 302 of the I.P.C against the appellant. The charge under the said Section was framed, which was denied by the appellant. He pleaded not guilty and claimed to be tried.
(3.) THE prosecution, in order to prove the charge against the accused, altogether examined nine witnesses: P.W. -1 Balram Oraon, is the brother of the deceased. He is a hearsay witness; P.W. -2 Somra Oraon, was tendered; P.W. -3 Railo Orain, turned hostile; P.W. -4 Sukra Oraon and P.W. -5 Aita Oraon, were also declared hostile; P.W. -6 Gopi Nath Jha proved the report of post -mortem which he had conducted on the dead body of the deceased; P.W. -7 Lalu Oraon, came to depose that the deceased had confessed his guilt of giving lathi blow and killing of his wife before him; P.W. -8 Sabir Mian, is a witness to the inquest report; P.W. -9 Saryug Pandit, is the Investigating Officer of the case. ;