- (1.) This appeal is directed against the judgment of conviction dated 30.01.2004 and order of sentence dated 31.01.2004 passed in Sessions Trial No.156 of 2002 by Additional Judicial Commissioner, Fast Tract Court No.IV, Ranchi whereby and whereunder the appellant having been found guilty for committing murder of Chhatu Gope was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/.
(2.) The case of the prosecution is that on 12.09.2001, when Chhatu Gope, the husband of the informant Bahura Devi (P.W.4), came home after plying rickshaw and was taking rest, the appellant came and asked him to provide liquor and also Haria (a kind of indigenous liquor). The informant and also her husband refused to oblige him by saying that they do not have any liquor with them. Thereupon, the appellant left the place. At 11.00 p.m., the appellant having dagger with him again came along with others. All of them dragged Chhatu Gope (deceased) to the door of the room where the appellant inflicted one injury with dagger at the lateral side of the abdomen and one injury in front side of the abdomen, as a result of which intestine came out as a result of which there was profuse bleeding. Accused persons fled from there. This was seen by the daughter of the informant also. When the informant P.W.4 raised alarm, number of persons including P.W.2 Bajrang Gope, P.W.3 Laldev Oraon, P.W.5 Manga Oraon came over there to whom the informant told about the occurrence.
(3.) In the next morning, Hare Ram Paswan, OfficerinCharge of Mandar Police Station, when came to know that one person in the village has been murdered, came to village where he recorded the fardbeyan (Ext.2), upon which a formal F.I.R. (Ext.3) was drawn. The I.O. P.W.6 took up the investigation. During investigation, he held inquest on the dead body of the deceased and prepared an inquest report (Ext.4). During investigation, the I.O. also seized earth smeared with blood from the place of occurrence and prepared a seizure list (Ext.1/A). After holding inquest, the dead body was sent for postmortem which was conducted by Dr. Saroj Kumar (P.W.8). During postmortem examination, he did find following injuries: (i) 31/2 X 2 c.m. X cavity deep over left part of abdomen lateral side upper part, the weapon passed through abdominal wall and entered into left kidney. There was presence of blood and blood clot in the abdominal cavity. (ii) 4 1/2 X 2 cm X cavity deep on front of left side of abdomen near the umbilicus, the weapon passed through abdominal wall perforated the small intestine and mysentery. A coil of intestine was protruding through the wound. There was presence of blood and blood clots in the abdominal cavity.;