- (1.) BOTH the appellants stand convicted for the offences under Section 302/34, IPC and sentenced to R.I., for life on trial by the trial Court for committing the murder of Sheolal Pahan.
(2.) THIS Sheolal Pahan had died of the following injuries, as per Dr. A.K. Choudhary, P.W. 11, who conducted autopsy on the dead -body of the deceased on 15.6.1992 and proved the post -mortem report, Ext. 7: Incised wound: 5 x 1 1/2 cm. x bone deep over the back of neck situated tremulously cutting the soft issue and 3rd cervical vertebra including spinal cord with infiltration of blood. Stab wound : (i) 2 x 1 cm. cavity deep over lateral part of left abdomen situated 22 cm. below left nipple and 17 cm. left to midline. The weapon passes the left 9th. Intercostal space and enter into Spleen. There is presence of blood and blood clot in abdominal cavity. -(ii) 11/2 cm. 1 1/2 cm. over lateral side of left abdomen situated 4 cm. above the proceeding injury. The track is confined to the wall only. Opinion: (i) All injuries are ante -mortem. (ii) Incised wounds caused by heavy sharp cutting weapon and stab wound by sharp cutting cum pointed weapon. (iii) Death is due to above noted injuries. (iv) Time since death 18 to 36 hrs. from the time of P.M. examination. The injuries were from the weapon like Tangi and Chhura. The date of the occurrence as per the fardbeyan is 14 June, 1992 and the time of occurrence is 7 -8 a.m. The identity of the dead -body of Sheolal Pahan is not at all in dispute. According to the fardbeyan, Ext. 3 of Jagarnath Pahan P.W. 1 the prosecution case is that the informant (P.W. 1) along with his causin brother Sheolal Pahan (deceased) was returning back from village Garhatoli, P.S. Tatasilway, District Ranchi, after witnessing a fair known as 'Jagran Mela' and when he was about to reach his house Haslatoli at about 7 a.m. and when reached near the house of Baku Mahto of Kuriatoli of his own village, the accused Gondra Lakra and Sukra Lakra all of a sudden came from behind. Accused Gondra Lakra was having a Tangi in his hand, whereas Sukra Lakra was having a knife. Both the accused pushed the deceased Sheolal Pahan from behind and made him to fell on the ground. Thereafter, the accused Gondra Lakra gave Tangi blow on the neck, whereas accused Sukra Lakra gave knife blow to Sheolal Pahan, who succumbed to the injuries on the spot itself. On hulla being raised by the informant, the inhabitants of nearby came and both the accused person fled away. No reason of causing death was known to the informant till then. This fardbeyan bears the signature of Sukhram Pahan, P.W. 2, Ext. 1/1 in whose presence the fardbeyan was recorded. A case was registered, vide Ext. 3, and on that basis a formal FIR was drawn. It transpires that during the investigation, an inquest report, Ext. 5, was prepared in presence of the witnesses, Nakul Mahto and Gopal Munda, who signed the inquest report vide Ext. 1/4 and 1/5. This Ext. shows that the dead -body was found in the village, Khadiatoli, on the way to Susuki. It also transpires that some blood stained soil was also seized, Ext. 1/2, from that place in presence of Sukhram Pahan, P.W. 2. Deven Pahan (not examined) and the seizure list has been marked as Ext. 6. After submission of the charge -sheet cognizance was taken and the case was committed to sessions.
(3.) THE defencs version of the case as appearing from the trend of the cross -examination as also the statements of the appellants under Section 313 Cr.P.C. is the denial of the occurrence and false implication. The appellants entered into defence and 2 D.Ws. were also examined on their behalf to show that in the prior night of the occurrence, they had also gone to Jagran Mela where some quarrel occurred between Sheolal and others. They had said that Sheolal and both the appellants were in the Mela along with the D.Ws. in the night, but they have not made any statement in this regard before the police, rather they have also not stated this fact to the informant of the case.;