- (1.) THE appellant has preferred this jail appeal against the judgment of his conviction passed in Sessions Trial No. 115 of 1998 by Additional District and Sessions Judge, Simdega whereby the appellant has been held guilty of the charge under Section 302 I.P.C. and has been sentenced to undergo life imprisonment.
(2.) THE prosecution was launched on the basis of F.I.R. lodged by the informant Juel Kujur (P.W. 4). According to the informant, the son of the deceased, has disclosed in his fardbeyan recorded on 1.1.1998 at 8:00 p.m. that Chaiti Ekka, informant's wife went to the house of the accused - appellant Madra Uraon, who happens to be uncle of informant, for fetching some lime (chunna). There the accused -appellant abused her and chased her to assault with an axe. The informant and his father came out of the house and intervened but the appellant continued to abuse her. When they protested, he gave an axe blow to the informant's father Ramu Oraon on his head. Ramu Oraon fell down and succumbed to the said head injury. On the basis of said fardbeyan, the police started investigation and on conclusion of investigation submitted charge -sheet against the appellant.
(3.) CHARGE under Section 302 I.P.C. was framed against the appellant, to which he denied and claimed to be tried. According to him, he has been falsely implicated in this case due to land dispute. He was put on trial. In his examination under Section 313 Cr.P.C, he denied to have committed any offence.;