SANDU ORAON @ BAHIRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 23.4.2004 passed by Additional Judicial Commissioner, FTC -IV, Ranchi in S.T. No. 340 of 2002, whereby and whereunder, the court having found the appellant guilty for committing murder of his wife Karmi Oraoin convicted him for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, as has been made out by the prosecution, is that the Officer In -charge of Mandar Police Station received an information on 8.4.2002 that some occurrence has taken place at Village Tunko Toli, Chund. On receiving such information, Officer In -charge asked one Hare Ram Paswan -Sub Inspector (P.W.7) to go to the place of occurrence for its verification. When Hare Ram Paswan -P.W. 7 reached to the place of occurrence at about 6:30pm, he was informed by Radha Mohan Oraon, Chowkidar (P.W. 1) that while he was in his house, he came to know that the appellant has killed his wife by chopping off her head with 'spade'. Thereupon, he immediately came to the place of occurrence and found the dead -body lying on the ground where the appellant was brandishing 'spade' and was not allowing anyone to come near the dead -body. He further informed that the appellant had killed his wife, as he was having suspicionthat his wife had had illicit relationship with someone else. Accordingly, Investigating Officer recorded the fard -beyan (Ext.1 /1) of P.W. 1, upon which a formal FIR (Ext. 3) was drawn against the appellant.

(3.) THE Investigating Officer during investigation held inquest on the dead -body of deceased -Karmi Oraoin and prepared an inquest report (Ext. 4). During inspection of the place of occurrence, earth smeared with blood was seized under seizure list (Ext.5). At the same time, the police also seized 'spade'. The Investigating Officer sent the dead -body for postmortem examination which was conducted by Dr. Ram Sevak Sahu -P.W. 6 who upon holding autopsy on the dead -body of the deceased -Karmi Oraoin found the following injury: -