G.N.Prasad, J.

1. Etwa Oraon, who has preferred this appeal from Jail, has been convicted under Sec.302, Indian Penal Code, and sentenced to undergo imprisonment for life. It is alleged that he committed the murders of Mango Oraon who was the wife, and Musammat Charia, who was the aunt, of Bandhu Oraon (P. W. 5). The occurrence took place in the afternoon of the 9th June, 1958, in an orchard known as Baghia Tongri orchard in village Ghalghra Pahan-toli situated at a distance of about ten miles from police station Sessai.

2. The prosecution case is that at about 4 p.m. on the date of the occurrence Mt. Charia was collecting wood under a mahua tree in Baghia Tongri at some distance from the main village. On the same occasion, Mango Oraon was proceeding to village Kocha with a basket with a view to sell sag. In the meantime, the appellant came to the orchard with a lathi in his possession and with that lathi he assaulted Mt. Charia who fell down. Mango Orain wanted to run away from the spot, but the appellant assaulted her also with his lathi with the result that she also fell down.

Birso Orain (P. W. 2), the daughter of Mango Orain, happened to be tending goat in the vicinity