HARI SHANKAR PRASAD, J. - (1.) THE sole appellant, Gomia Munda has filed this criminal appeal against the judgment dated 17.1.1997 and the order of sentence dated 18.1.1997 whereby and where under the learned IInd Additional Judicial Commissioner, Khunti (Ranchi) has convicted and sentenced the appellant to under go R.I. for life under Section 302, IPC.
(2.) THE case of the prosecution in brief is that the informant Manga Munda while taking his meal on 8.4.1995 at about 9 p.m. in front of his house then he heard cry of Sukri Devi and saw that this appellant, Gomia Munda was chasing Sukri Devi and Soma Munda along with a tono in his hand. He attacked and assaulted Sukri Devi with tono, as a result of which, Sukri Devi died instantaneously. Sanichari Devi wife of accused, Gomia Munda informed the informant that when Soma Munda and the appellant Gomia Munda were quarreling, Sukri Devi and Soma Munda threw Gomia Munda on the ground and thereafter this appellant, Gomia Munda, went to his house and brought a tono and with the help of that tono, gave several blow on Soma Munda, as a result of which, he sustained injuries and died. The informant Manga Munda gave his fardbeyan on 10.4.1995 at 2 p.m. before the S.I. Arki PS and on the basis of the fardbeyan, a formal first information report was drawn up on 10.4.1995 and a case was registered under Section 302, IPC. After investigation, the police submitted charge sheet against the appellant. The learned trial Court, after recording the evidence oral and documentary, found the appellant guilty and sentenced him to under go R.I. for life accordingly. The prosecution has examined altogether 10 witnesses including two witnesses have also been examined by the court as court witness, PW 1, doctor, who conducted the post -mortem examination on the dead bodies of Soma Munda and Sukri Devi respectively, has given the description of anti -mortem injuries in his post -mortem report. According to PW 1, he found the following ante -mortem injuries on the dead body of Soma Munda : (i) sharp cut injury on the lateral aspect of left leg near knee joint 2 x 1 x 1/2" x 1/2"; (ii) sharp cut injury on left buttock 4" x 2" x 1"; (iii) sharp cut injury on the left forearm 2" x 1", and (iv) sharp cut injury on left temporal region 4" x 3" x 1" cutting soft. Tissues of bone and brain matters. Cranial cavity filled with blood clot. The following injuries were found on the dead body of Sukri Devi : (i) sharp cut injury on the left side of face extending from middle chin to left Mustoid region 6" x 2" x 1/2", (ii) sharp cut injury on the middle of neck, cutting soft tissues and trachea 4" x 2", and (iii) sharp cut injury on left shoulder 3" x 2".
(3.) THE doctor has opined that injury No. (iv) on Soma Munda and injury No. (ii) on Sukri Devi were enough and sufficient to cause their death. He further came to the conclusion that the sharp cutting injuries may be caused by tono and the time of death is within 48 hours in each case.;