- (1.) THIS appeal has been preferred by the Appellants against the judgment of conviction dated 30.4.2001 and the order of sentence dated 1.5.01 passed by Shri Hari Bhushand Prasad Sinha, learned 1st Additional District & Sessions Judge, Simdega in S.T. No. 229/1984 whereby the Appellants have been convicted under Sections 302/34 IPC and sentenced to life imprisonment.
(2.) THE prosecution was launched on the basis of the fard beyan of PW -6 -Sudheshwari Bhagat (husband of the deceased) dated 11.3.1983. Briefly stated prosecution case is that on 11.3.1983 at about 6 A.M the deceased Paulina Oraon @ Champa Devi had gone to collect Mahua flowers from the tree standing over Plot No. 236 under Khata No. 2 of Village -Mararoma Damaktanr. PW -5 -Puna Singh, who was a 'Dhangar' (servant) of the informant, had also accompanied Paulina Oraon. The said Puna Singh informed the informant that while Paulina Oraon was picking up Mahua flowers, the accused -Appellants assaulted her with an axe as a result of which she sustained injuries. On getting that information, the informant rushed to the place of occurrence and saw his wife seriously injured and dead. He also saw the accused -Appellant Lajrus Oraon going towards the village with a blood stained axe.
(3.) ON the said fard beyan, the police registered a case under Sections 302/34 IPC against the Appellants and after investigation the police submitted charge sheet.;