- (1.) DEOKI Nandan Prasad and Hari Shankar Prasad, JJ. ''This appeal is directed against the judgment of conviction dated 23.1.2003 and order of sentence dated 24.1.2003 passed by the Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 206 of 1992, whereby and whereuhder, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) THE short facts of the prosecution case as stated that a written report submitted to Goelkera Police by Gomia Lugun (deceased) stating therein that on 16.11.1990 at about 9 p.m., the appellant Guna Kora called the deceased outsied his house and asked to perform puja fo him and handed over sindur. The deceased sat on the ground for performing puja. Thereafter the appellant (Guna Kora) gave garasa blow from behind, as a result of which, he fell down and became unconscious. Thereafter Gomia Lugun was taken to the hospital for treatment and after seven days of the occurrence, he succumbed to the injury. On the basis of the statement of the deceased (dying declaration), a first information report was lodged under Sections 448 and 324 of the Indian Penal Code against the appellant. The police investigated into the case and after investigation submitted charge -sheet. The witnesses were examined before the trial Court after framing charge and thereafter after hearing both sides, the learned Sessions Judge convicted and sentenced the appellant in the manner as stated above.
(3.) OBVIOUSLY there is an allegation against the appellant for causing farsa blow from back and this fact has also been corroborated by the injury report (Ext. 5) as the deceased was firstly injured and the doctor found the following injuries on his person : "(1) Injury on left shoulder 3" x 1 - 1/2" x 1"; (2) Injury on right shoulder 4" x 1 - 1/2" x 1"; (3) Spinal injury caused Traumatic paraplegia." Injury Nos. 1 and 2 are simple in nature whereas injury No. 3 is found to be grievous caused by hard and sharp edged weapon. Since the informant Gomia Lugun died later on and, as such, the post - mortem was also held and the doctor who held post -mortem found the following ante - mortem injury: "Stitched sharp cutting wound on left side of back 6" x 1/2" x deep to chest cavity. Stitched sharp cutting wound on right side of back 5" x 1/2" x deep to chest cavity." However, it was found that the chest cavity was full of blood. Nature of injury found to be grievous and, according to the opinion of the doctor, the cause of death was due to shock and haemorrhage due to the above injuries. ;