- (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 17.09.2004 passed by the 1st Addl. Sessions Judge, Pakur in Sessions Case No. 79 of 2004 whereby the appellants having been found guilty for committing murder of Shyamlal Hembrom, have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and were further sentenced to pay fine of Rs. 5000/ - and in default to undergo imprisonment for one year.
(2.) IT is the case of the prosecution that in the night of 18/19 March, 2004 at about 11.00 P.M., the appellant No. 1 Manjhi Tudu came to the house of the Dular Hembrom, the informant (P.W.7) with Patal Hembrom (P.W.2) and Karla Hembrom sons of the deceased -Shyamlal Hembrom. When the informant asked from Manjhi Tudu about whereabouts of Shyamlal Hembrom, he told her that he is not there and then left the place. Thereafter, Patal Hembrom (P.W.2) son of the deceased, disclosed to the informant (P.W.7) that his maternal Grand Father (appellant No. 1 -Manjhi Tudu) as well as maternal Uncles, appellant Nos. 2 and 3 Rameshwar Tudu and Dene Tudu have killed his father, by assaulting with Gaita and Danda, which are there in the house. On knowing this, P.W.7 along with village Pradhan -Likhan Kisku (P.W.1), Pramanik and Dharmnath Kisku (P.W.3), came to the house of the deceased -Shyamlal Hembrom where they found the dead body lying on the ground. There they also found Gaita and Lathi lying there smeared with blood. That apart mattress upon which the dead body was lying was also smeared with blood. After noticing this, P.W.1, came to the police station to inform about the occurrence to the police. On getting information, I.O. (P.W.7), along with Officer -in -Charge came to the place of occurrence where the Officer -in -Charge of Amrapara Police Station, namely, S.S. Tiwary recorded the fardbeyan (Ext. 3) of the informant (P.W.7) who gave the same story as has been narrated above and also stated about the motive of the occurrence wherein the informant stated that the deceased had gone to Haat for selling meat along with the appellant No. 2 Rameshwar Tudu. There, the deceased sold meat to someone without taking price. That annoyed Rameshwar Tudu and out of annoyance, he assaulted the deceased. When the deceased came home, he expressed his anger to his wife and told her that he will kill her as well as her brother Rameshwar Tudu.
(3.) THE I.O. after taking over the investigation of the case, seized Gaita and Lathi smeared with the blood under the seizure list (Ext. 5). Inquest report was prepared as (Ext. 4), Thereafter, the dead body was sent for post mortem examination, which was conducted by Dr. L.K. Bhagat (P.W.5). The Doctor did find the following external injuries: - - (i) One Lacerated wound over upper neck just below chick 2" x 1/2 " x 1/2". (ii) One Lacerated wound over face just right side of mouth 2" x 1/2" x 1/2" (iii) One Lacerated wound near right ear 2" x 1/2" x 1/2". (iv) One Lacerated wound over scalp at right parietal region 2" x 1/2" x 1/2". (v) One lacerated wound over scalp at right occipital region 2" x 1/2" X 1/2". Upon deception: - - (I) Head and Neck: on opening of scalp injury of brain was found at parietal and occipital region. In upper part of neck, injuries of neck, blood vessels and nerves were found. (II) Thorax: on opening of thorax both lungs and heart were found pale. (III) Abdomen: on opening of abdomen stomach was found containing undigested food. Time elapsed since death was found within 18 to 24 hours. The Doctor prepared post mortem report (Ext. 2) with an opinion that the death was caused due to hemorrhage and shock caused by injuries of brain by heavy hard blunt substance. On completion of the investigation, the charge sheet was submitted against all the three appellants. Accordingly, cognizance of the offences was taken and the case was committed to the court of Sessions where the appellants were put on trial, during which the prosecution examined as many as eight witnesses. Of them. P.W.1 -Likhan Kisku and P.W.3 -Dharmnath Kisku have testified that when the informant (P.W.7) informed them about the occurrence, they came to the place of occurrence and found the dead body lying over the mattress, which was smeared with blood. Apart from that they also saw Gaita and Lathi there smeared with blood. According to P.W.1, he informed to the police Station. The police reached to the place of occurrence and recorded the fardbeyan of the informant. P.W. -4 -Barsan Kisku has testified that the informant had asked him to stay in the night in the house of the deceased, P.W.6 -Debilal Hembrom happens to be an hearsay witness. According to him, Chutar Hembrom, who is said to be the son of the deceased, disclosed him that the appellants had killed the deceased. P.W.7 (the informant) has testified in the same manner, as she had given the statement in her fardbeyan. P.W.2 -Patal Hembrom, son of the deceased, happens to be the sole eye witness. According to him, it were the appellants, who assaulted his father -the deceased with Gaita and Lathi, as a result of which, he died.;