JUDGMENT :

SANJAY KAROL, J.

1. The present criminal appeal is filed by appellant Guna Mahto, found guilty of murdering his wife Smt. Deomatiya Devi under Section 302 of the Indian Penal Code, 1860 by the Ld. Trial Court, Daltonganj in Sessions Trial Case No. 50 of 1989 titled as State vs. Guna Mahto vide judgement dated 10.05.2001. The Ld. Trial Court sentenced the appellant to a term of life imprisonment under Section 302 of the Indian Penal Code and two years rigorous imprisonment in relation to the offence punishable under Section 201 of the Indian Penal Code.

2. On appeal, in the impugned judgment delivered by the High Court of Jharkhand in Criminal Appeal No. 214 of 2001 dated 23.07.2004 titled as Guna Mahto v. State of Jharkhand and findings in respect to the conviction and sentencing arrived at by the Ld. Trial Court were affirmed, despite observing that the Investigation Officer was not examined by the prosecution. Be that as it may, the High Court solely relied upon the ocular evidence of Banaudhi Mahto (PW-2), Samodhi Yadav (PW-9) and Nandish Yadav (PW-10).

3. Hence the present appeal filed by the appellant Guna Mahto.

4. It is the case of the prosecution that the accused had