DEOKI NANDAN PRASAD, J. - (1.) THIS appeal has arisen out of the judgment of conviction and order of sentence passed by the learned Additional Judicial Commissioner, Lohardaga in connection with S.T. No. 21 of 1998 whereby and whereunder the learned Additional Judicial Commissioner convicted the appellants under Section 302/34, IPC and sentenced them to undergo RI for life.
(2.) THE prosecution case lies in a narrow compass : That one Shanti Devi wife of Jaipal Oraon gave fardbeyan before the police alleging therein that on 30.9.1997 at about 8 p.m. the accused Krishna Oraon alias Gabriel and his father Sukra Oraon came to her house and inquired about her grand mother -in -law, namely, Thakurain Orain. Her mother -in -law, Budhmania Devi told them that she is sleeping in the house. Thereafter both the appellants took her grand mother -in -law (Thakurain Orain) to their house, which is situated behind the house of the informant. Further case of the prosecution is that after some time the informant heard sound of groaning of her grand mother -in -law. She came out of her house and saw that Sukra Oraon and Krishna Oraon were bringing her grand mother -in -law dragging her. The informant inquired from her grand mother -in -law who narrated the incident and stated that both the appellants assaulted her and broken her hands. She also saw blood oozing out from her hand. After that her husband, Jaipal Oraon also came to the house and thereafter the deceased was taken to the house. Alter some time, her grand mother -in -law (Thakurain Orain) died. On the basis of the fardbeyan, the first information report was lodged against the appellants for the offence under Section 302/34, IPC. The police investigated into the case and submitted charge -sheet after finding prima facie case. Charge was framed against both the appellants under Section 302/34, IPC. Witnesses were examined and after hearing both sides, trial Court convicted and sentenced the appellants in the manner as stated above.
(3.) THE doctor, PW 9, who conducted autopsy on the dead body of the deceased, found the following ante mortem injuries on the person of the deceased, which are as follows : (i) Compound fracture of shaft of right numerous. (ii) Lacerated wound on right arm 3" x 2" x bone deep. (iii) Lacerated wound on right forearm 4" above wrist joint. Size of wound 6" x 4" x bone deep. (iv) Compound fracture of right radius and ulna. (v) Fracture of right hip joint and right femer. (vi) Lacerated wound with fracture of left tibia and left fibula in mid of leg. Death was caused due to shock and haemorrhage due to sharp and heavy cutting weapon. In his cross -examination, he further admitted that these injuries may be possible by hard and blunt substance. He further admitted that these injuries can be caused by fall on rock. Thus, it is obvious that Thakurain Orain, who was very old lady, died due to above injuries. ;