- (1.) HEARD Mr. Rajesh Kumar, learned Counsel for the Appellant and Mr. A.B. Mahato, learned APP for the State.
(2.) THIS appeal is directed against the impugned judgment of conviction and sentence passed on 23rd April 2002 by Sri George William Baa, 1st Additional Sessions Judge, Chaibasa in Sessions Trial No. 78 of 1998, whereby the sole Appellant has been found guilty for committing the offence under Section 302 of the Indian Penal Code and, thereby, he has been sentenced to undergo R.I. for life. The prosecution case, in short, is that on 16/10/1997, the informant (the deceased) came out of his house in the night at about 11.00 p.m., for urinating and when he was sitting, the Appellant Parmanand Tiriya, in a drunken stage, came there and assaulted him by a knife (which is used to be tied with the leg of cock (Murga) in cock fighting), above the waist and on the left side of the chest. Due to such assault, the informant was badly injured and profuse blood came out. He raised hulla on which other persons assembled there. The informant narrated the story. The villagers tried to apprehend the Appellant but he fled away.
(3.) THE Doctor found two penetrating wounds; 1 1/2" x 1/2 over right side of chest between 6th and 7th ribs, and over right side of lungs; and on dissection he found that the heart was punctured at two places and clotted blood was present in the cavity. The Doctor opined that the cause of death was heart injury.;