VIKRAMADITYA PRASAD,J. - (1.) The sole appellant, who was convicted on trial for an offence under section 302 IPC and was sentenced to R.I. for life, has preferred this appeal.
(2.) AS per the fardbeyan, Ext. 1/1, of one Ratua Munda, who proved his signature, Ext. 1, in the fardbeyan, which was recorded on 4.1.1995 at 10.30 hrs. at village Gadhatoli P.S.Sadar District -Ranchi, the prosecution case is that at 8.15 in the previous night when he was baking bread in his house he heard the sound of weeping from the neighbouring house and also he heard Hulla and went there along with his neighbours to the house of his brother Mangra Munda where he found that Mangra Munda soaked with blood was lying on the floor and he was also writhing and there were injuries of sharp cutting weapon (Chhura) on the side portion of his neck. When he asked his sister -in -law Salmi Mundain (appellant) as to how this happended she had uttered not a single word. The brother of the informant was unconscious and he also did not tell anything. Thereafter with the help of villagers, he got his brother boarded on a Rickshaw and carried him to Kokar Private Hospital where the Doctor examined him and declared him dead. At that very time, they brought back the deadbody on the Rickshaw and again asked his sister -in -law then she in presence of the villagers disclosed that her husband Mangra Munda always created scene after drinking and assaulted her and consequently, as on that day he was also quarreling, and after that he had retired to his bed, she in anger had attacked on his neck by a knife and her husband sustained injuries with blood and because of fear, she started crying and weeping then she had brought the knife by which she had injured her husband resulting his death. The informant further stated in that fardbeyan that he had come to know that his sister -in -law had developed some illicit relationship with some other person. On that basis of this fardbeyan, a formal F.I.R., Ext.2, was drawn. It also transpires that during investigation, the appellant had produced a long pointed dagger of 12' length on which no blood stains were there and the knife was also washed and cleaned, vide Ext.4. That was produced in presence of Ratua Munda, P.W.1. This Ext. was signed by Ratua Munda, Ext.2/1, P.W.1. The inquest report (Ext.5) of the dead body was also prepared at the residence of the deceased in presence of the witnesses John Nag, P.W.4, and Rajendra Ram (not examined) on 16.1.1995 at 11.00 pm. by the I.O., Ext.1/1. It also transpires that the autopsy on the dead body was conducted by P.W.6, who found the following injuries and proved the P.M. Report, Ext.6 : - "Stab wound : - 2 x 1 cms. x cavity deep on Rt. Fronts laternal neck middle part, the weapon passes through. Soft tissues and penetrates the carol artery then passes through soft tissues under surface of right odavicals the re -under into Rt. lung. The track of the wound is directed medially downwards. There is presence of blood and blood clot in Rt. chest cavity. Opinion : - Abovementioned stab wound is antemortem. (i) caused by sharp cutting pointed weapon such as Chhura (ii) death is due to haemorrhage and shock"
(3.) THE defence version is the innocence and false implication of the appellant in this case.;