DEOKI NANDAN PRASAD, J. - (1.) THE sole appellant preferred this appeal against the judgment of conviction and sentence passed by the Additional Judicial Commissioner, Khunti in connection with Sessions Trial No. 212/1993/T.R. No. 308 of 1993, whereby and whereunder the learned Additional Judicial Commissioner convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 3.000/ - and in default of payment of fine to undergo rigorous imprisonment for two years.
(2.) PROSECUTION case in brief is that on 26.5.1992 the gone to attend the marriage of daughter of co -villager, Sahdeo Munda alongwith his three years old son Pasupati Munda at about 7/8 p.m., when his wife Ramni Devi aged about 32 years remained alone in the house. At about 9 p.m. when he returned home, he heard the sound of Khat -Khat from the southern side of the house. The informant went towards that side and saw that his wife Ramni Devi was lying on the ground and one person was assaulting her with farsa. On going closer to the assailant he identified the accused Narsingh Munda assaulting his wife with farsa. Thereafter, the Informant raised alarm when the accused Narsing Munda started fleeing away in the southern side towards jungle. On hearing the alarm raised by the informant, his cousin Sobran Munda, his son Rameshwar Singh Munda and Madhu Singh Munda rushed to the spot and chased the accused Narsingh Munda at some distance but the accused could not be apprehended and he fled away. Thereafter, the informant and others came to the house and narrated the incident to the villagers. His wife died instantaneously as a result of the assault by farsa. According to the informant, the reason for the alleged occurrence was that on 23.5.1992 Narsingh Munda had entered into the house of one Pusu Lohar in the night and had abused his daughter in filthy language for which a Panchayati was held on 24.5.1992 in which the informant was the Panch and after finding the accused responsible, he was rebuked by the Informant and other Panches, whereupon the accused had threatened him for dire consequences. It is further alleged that about 2 -3 years ago, Narsingh Munda has abused the Ahirs of the village and in that connection also a Panchayati was held and punishment was given to the accused Narsingh Munda and because of the said incident, the accused had threatened to teach him (informant) a lesson. On the basis of the fardbayan, F.I.R. was lodged against the accused Narsingh Munda under Section 302, IPC. The Police investigated into the case and submitted charge -sheet. Witnesses were examined in the Court below and after hearing both sides and considering the evidence on record the learned Additional Judicial Commissioner convicted and sentenced the appellant by the impugned order, in the manner as stated above. Hence, this appeal.
(3.) THERE is a specific and direct allegation in the fardbayan as stated by the Informant that the accused Narsingh Munda assaulted his wife Ramni Devi with farsa resulting her instantaneous death. It is also stated that the villager, Sobran Singh Munda, his son, Rameshwar Singh Munda and others had chased the accused Narsingh munda. It is further alleged that because of bad conduct of the accused, there was a Panchayati held in the village and accused was rebuked because of his ill treatment and bad conduct and accused has also threatened the Informant for dire consequences. There is no denial about murder of Ramni Devi, wife of the informant on the date of occurrence by the injuries caused by heavy sharp -cutting weapon. The doctor, PW -8 held post -mortem on the dead body of Ramni Devi and found the Following ante -mortem injury: Abrasion (i) 3x2 cm. left cheek Prominence (ii) 5x3 cm. right shoulder, lateral side, upper part. Incised wound (i) 8x8 -1/2 cm. x bone deep on left cheek, weapon cutting the underlying bone partially; (ii) 5x1 cm. x bone deep over the left mandible cutting the underlying bones partially; (iii) 9x2 cm. x bone deep over the left side of cheek and left mandible region cutting the underlying bones partially; (iv) 12 x 3 cm. x bone deep on the right lateral neck upper part cutting the soft tissues, the blood vessel the eropleagus the trachea completely fractured and the third cervical vertebra partially; (v) 9 x 2 -1/2 cm. x soft tissues on the right lateral neck 1 cm. below the preceding injury; (vi) 7x1 cm. x soft tissues on the right lateral neck situated 1 -1/2 cm below the preceding injury; (vii) 7x2 cm. x bone deep in the rib between the left middle and ring finger cutting the proximal part of the left middle finger bone partially. All the injuries were ante -mortem. The abrasion were caused by hard blunt substance and incised wound by heavy sharp cutting weapon, may be farsa. Death was caused due to ' injuries to the neck with precision to incised wound No. iv which was sufficient to cause death. He proved the post -mortem report (Ext. 5). The Inquest report was also prepared being Ext.4 indicating several injuries on the person of the deceased. ;