- (1.) BOTH the accused persons were put on trial on the charge of committing murder of Madhusudan Namata and also for the charge of making an attempt to commit murder of Falguni Namata (P.W. 7). The trial Court having found both the appellants guilty for committing murder of said Madhusudan Namata convicted them under Section 302/34 of the Indian Penal Code and also under Section 307/34 of the Indian Penal Code for making an attempt on the life of the injured Falguni Namata (P.W. 7) vide judgment dated 8.12.2003 and sentenced them vide order dated 11.12.2003 to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and also to undergo rigorous imprisonment for five years for the offence punishable under Section 307/34 of the Indian Penal Code. The case of the prosecution, is that on 15.9.1996 at about 6.00 a.m. Falguni Namata, the husband of the in -formant -Mandira Namata (P.W. 10) had gone to take bath over a well and the informant -Mandira Namata was doing household work. During that course, she heard distress sound being raised by Falguni Namata, the husband of the informant. Upon it, she came out of the house and saw these two appellants, who were having sword with them, assaulting her husband. Her husband was rushing back towards the house. Meanwhile, Madhusudan Namata, the father -in -law of the informant, came to Bari (Kitchen Garden) where Falguni Namata also reached. The appellants then left chasing Falguni Namata and started giving sword blows to Madhusudan Namata as a result of which, Madhusudan Namata after receiving several injuries fell down and died. Thereafter, both the appellants went towards pond in search of Khusi Namata (P.W. 11), the brother of Falguni Namata, to kill him.
(2.) AT about 7.30 a.m. when Ezra Bodra (P.W. 16) Officer -in -Charge of Potka Police Station received information that one person has been killed at Village -Matkamdih, he got that information entered into the station diary and proceeded to Village -Matkamdih where at about 8.00 a.m. he recorded the fardbeyan of Mandira Namata (P.W. 10), wife of injured Falguni Namata, wherein she narrated about the occurrence, as has been stated above, and also stated about the motive of the occurrence that the appellant had earlier asked money from Falguni Namata to purchase liquor, but when he refused to part with the money they had threatened him of dire consequences. On such fardbeyan a formal F.I.R. was lodged and P.W. 16 himself took over the investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. -7) and sent the dead body for post mortem examination, which was conducted by Dr. Y. Nath, who on holding autopsy on the dead body of the deceased -Madhusudan Namata did find following injuries: - - (i) 20 c.m. x 6 c.m. x 5 c.m. transversely placed over back of left chest, upper part adjoining scapula and shoulder. The scapula was cut into pieces. (ii) 1.5 c.m. x 3 c.m. x 6 c.m. over the back of neck transversely placed cutting the vertebra completely. (iii) 5 c.m. x 2 c.m. x bone deep transversely placed over occipital area behind right ear. The bone was found partially cut. (iv) 16 c.m. x 4 c.m. x 3 c.m. over right elbow longitudinally placed. (v) 5 c.m. x 4 c.m. x skin deep over left forehead. The doctor issued post mortem report (Ext. -4) with an opinion that the death was caused due to shock and hemorrhage on account of aforesaid injuries caused by heavy sharp cutting weapon.'
(3.) THE I.O., during investigation, after noticing Falguni Namata, severely injured, sent him to T.M.H. Hospital where he was examined by Dr. Amal Prakash Patra (P.W. 6), who having noticed the injuries on the person of the injured prepared injury report (Ext. -3/1). In course of treatment, Falguni Namata was also examined by Dr. Saroj Kumar Das (P.W. 3), who found following injuries on his person: - - (i) Deep incised wound over back with muscle cut 12" in length from one scapular region to another, right scapula was found fractured. (ii) Incised wound over both shoulder 5" X 1/4". (iii) Incised wound over forehead 4" in length superficial. (iv) Incised wound left pinna and it was through and through. (v) Incised wound over left thumb over an area of 3" X 1/2". (vi) Incised wound over left cheek towards the carotid region 2" X 1/2". (vii). Incised wound over the right knee 4 1/2" X 1/2". The injuries were found fresh in nature. According to the doctor injuries were grievous in nature but none of the injuries was sufficient to cause death in normal course.;