- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 5th February, 2004, passed by the then learned Addl. Judicial Commissioner-cum-Fast Track Court No.IV, Ranchi, in Sessions Trial No.301 of 1998, whereby and where under the Court having found the appellant guilty for committing murder of Birsa Oraon, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of 1,000/-.
(2.) The case of the prosecution, as has been projected, in the F.I.R. (Ext.4) is that on 13.04.1985 at about 1.00 p.m. when Birsa Oraon, the husband of the informant- Jauni Orain (P.W.1) came near the house of appellant, Somra Oraon, altercation took place in between them. During which course, the appellant, Somra Oraon assaulted him with 'sawal' as a result of which, Birsa Oraon fell down. Thereupon the informant (P.W.1)- Jauni Orain with the help of others Emil Oraon (P.W.2), Jindo Oraon and Mashih Ekka (P.W.4) brought him to the house and then the informant started looking for the means for taking her husband to Hospital. The informant did not get any means to take her husband to the Hospital. Meanwhile at about 4' O Clock, Birsa Oraon died.
(3.) On the next day i.e. 14.04.1985, the informant took the dead-body to the Mandar Police Station where Jauni Orain (P.W.1) gave her 'fardbeyan', upon which FIR (Ext.4) was registered. Thereupon the I.O. took up the investigation, during which, he held inquest on the dead-body of the deceased and prepared an inquest report. Thereafter the dead-body was sent for post-mortem examination which was conducted by Dr. Kanhaiya Prasad Srivastava (P.W.5) who on holding autopsy did find the following injuries:- (A) Abrasion (i) 6cm X 1cm situated over back of left forearm. (ii) 1cm X 1cm situated over front of left leg. (B) Lacerated wound:- (i) 4cm X 11/2 X soft tissue and 2cm X1/2cm X soft tissue situated over back of left forearm. (ii) 3cm X 1cm situated over front of right leg middle part with fracture of right tibia and fibula bone with contusion and laceration of soft tissue around. (C) Internal:- There was diffuse contusion of scalp over back of head with presence of subdural blood and blood-clots over both sides of brain.;