- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 21.07.2005 passed by the then 1st Additional Sessions Judge, Dumka in Sessions Case No.208 of 2002, whereby and whereunder the appellant No.2 Bahamuni Murmu and also her husband i.e. appellant No.1 Baburam Kisku (since died during pendency of this appeal) having been found guilty for committing murder of one Kalia @ Kailash Yadav has been convicted under Section 302 of the Indian Penal Code and also under Section 307 of the I.P.C for attempting to commit murder of Bideshi Rai, Kanchan Yadav and Baidyanath Yadav.
(2.) It is the case of the prosecution that on 11.04.2002 at about 4:00 p.m. while the informant, Baidnath Yadav (P.W. - 6) was sitting in front of the house of Bhola Mahto, he heard children raising alarm that the appellant No.1 Baburam Kisku has been assaulting Kalia @ Kailash Yadav with tangi and the appellant No.2 Bahamuni Murmu wife of Baburam Kisku has been assaulting with dav. On hearing when he came to the house of Baburam Kisku he saw Baburam Kisku assaulting Kalia @ Kailash Yadav with tangi. On seeing this he tried to rescue Kalia @ Kailash Yadav but Baburam Kisku assaulted him with tangi on his back. Thereupon he fled away from there. Subsequently, when Bideshi Rai (P.W. - 3) and Kanchan Yadav (not examined) came there, they were assaulted by Baburam Kisku and also by the appellant No.2 Bahamuni Murmu.
(3.) Thereafter, Baidnath Yadav (P.W. - 6) came to Jarmundi Police Station where he gave his fardbeyan (Ext. - 4) which was recorded by Kiran Kumar (P.W. - 7), on the basis of which a formal F.I.R was drawn. P.W. - 7 himself took up the matter for investigation. In course of investigation he visited the place of occurrence i.e. the house of the appellants where dead body was found lying. He held inquest on the dead body and then sent the dead body for autopsy, which was done by Dr. Anant Kumar Jha (P.W. - 4) who did find following ante-mortem injuries on the person of the deceased :- 1 Incised wound (deep) over left popliteal Fosaa cutting across the joint with fracture of left femur (lower end) attached with a skin tag of 1" breadth on medial side. 2 Incised wound (deep) on right side neck 3" x 11/2" x 2" deep. On dissection, common cortoid artery and other vessels were found cut with huge collection of blood. 3 Incised wound below left eye over face 21/2" x 1/2" x bone deep cutting across the uper lip and incised wound below left ear 21/2" x 1" x bone deep. 4 Incised wound over right scapular region 3" x 2" x bone deep. 5 Multiple abrasion on chest. According to the doctor, the death was caused due to haemorrhage and shock as a result of injury Nos. 1 & 2, which was sufficient to cause death in ordinary course of nature. The doctor prepared the post-mortem report (Ext. - 2).;