HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 3.4.1998 passed in Sessions Trial No. 539 of 1994, whereby and whereunder the learned Additional Judicial Commissioner, Ranchi held the appellant guilty under Sections 304, Part II/34, IPC convicted and sentenced him to undergo RI for two years.
(2.) THE prosecution case in brief is that Bhola Prasad Singh gave a fardbeyan before SI I.D. Pathak of Kotwali P.S. at Nagarmal Modi Seva Sadan Hospital on 13.12.93 at 8.45 p.m. that on the same day at about 6 -7 p.m. one boy named Prakash Verma came to him and informed that he had gone to eat meat and Roti alongwith his brother Gokul Verma and one Roshan Yadav to Albert Ekka Chowk and when they were eating meat and Roti then his friend Pappu Chaurasia came there and he ate Litti and all the four persons together proceeded for their homes and when they reached Khadi Gramudyog, West of Shastri market then they met Ajay Verma and Manoj Kumar of Pyada Toli. Ajay is lame and he moves laming and he was going smocking cigarette. Gokul called Ajay as lame man then Manoj came to Gokul and told him why he told him lame then Gokul replied that he has not told him lame, then Ajay came there and used abusive lan -guage. Gokul said to him why he was abusing. At that time Gokul was south of the divider of the road and Manoj and Ajay were standing on north of the divider of the road but all of a sudden Manoj took out a long chhura and gave chhura blow on the left chest of Gokul and both of them fled toward Basundhara Cinema. Gokul fell down after receiving injury and all the other three persons took him to Chandsi Dawak -hana on a rickshaw and there the doctor advised them to shift him to Seva Sadan and Prakash thereafter came to his house and informed him. He came to Seva Sadan and found Gokul dead. On this piece of fardbeya,, Kotwali P.S. Case No. 566/93 dated 13.12.93 under Section 302/34 IPC was registered and I.O after investigation submitted charge -sheet. Cognizance in the case was taken and case was committed to the Court of Session, where 8th Additional Judicial Commissioner, Ranchi recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellant guilty under Section 304, Part II, IPC and convicted and sen - tenced him as aforesaid. Prosecution has examined seven witnesses. PW 1 is Prakash Verma. He is an eye -witness. PW 2 is Pappu Kumar Chaurasia. He is also an eye -witness. PW 3 is Roshan Yadav. He is also an eye - witness, PW 4 is Bhola Singh. He is the informant but he is hearsay witness. PW 5 is the doctor, who conducted the post mortem ex -amination on the dead body of Gokul. PW 6 is Shiv Prasad Singh, he is a retired government servant, he is a formal witness. PW 7 is also a formal witness.
(3.) PW 5, the doctor, who conducted the post mortem on the dead body of Gokul on 14.1293 at about 10.30 hours and found the following injuries : "2 cm x 1/2 cm x cavity deep on right chest end. Posterior ends was oral contused. It was situated 5 - 1/2 cms above right to mid line. It was 3 - 1/2 cms below the right nipple. The weapon has penetrated into the chest cavity through the right fifth inter costal space penetrating the diaphram and entered into liver 4 cms deep. There was presence of blood and blood clot in the abdominal cavity. According to doctor the injuries were ante mortem and caused by sharp cutting weapons like dagger and death was due to hemorrhage and shock. Time elapsed since death was within 6 to 24 hours from the post mortem examination. ;