- (1.) This appeal is directed against the judgment of conviction dated 03.8.2004 and order of sentence dated 04.8.2004 passed by the then 1st Additional Sessions Judge, Chaibasa in S.T. No.117 of 2004 whereby and whereunder the court having found the appellants guilty for committing murder of Roya Gope convicted them for the offence punishable under Section 302 of the Indian Penal Code and sentenced them to undergo imprisonment for life.
(2.) The case of the prosecution is that on 23.12.2003 at about 5 p.m. when Roya Gope came home from his work place, the appellants came and started assaulting Roya Gope with sharp cutting weapon, as a result of which, he fell down and succumbed to his injuries. This information of deceased being killed by the appellants was given to the informant Bishnu Gpe (P.W.5) the brother of the deceased by Krishna Gope, aged about 8 years, son of the deceased. On getting this information, the informant (P.W.5) came home and found his brother dead.
(3.) Meanwhile, Investigation Oficer, Rambali Yadav, P.W.8 when received information that somebody has been killed at village Sesopi Colony, came to the village and recorded the Fardbeyan (Ext.4) of Bishnu Gope (P.W.5), who sated about the said fact which has been mentioned above. According to him, motive of occurrence was that in the same day at about 10 a.m. the son of accused Govind Tiriya had destroyed 8 to 10 plant of lahar belonging to deceased and hence, deceased had scolded him. On the basis of the said Fardbeyan, a formal First Information Report (Ext.5) was drawn. P.W.8 himself took up the investigation. During which, he seized earth smeared with blood under seizure list and held inquest on the dead body of the deceased and prepared an inquest report (Ext.3). Thereupon he sent the dead body for post mortem examination which was conducted by Dr.Murli Manish (P.W.9). On holding autopsy, he found the following injuries. (i)Blue spot having size of 2" x 1/2" over left shoulder. (ii) Incised wound 1- 1/2 " x 1/2 " x brain deep associated with fracture of skull bone. (iii) Incised wound 1" x 1/2" x bone deep over right parietal region of the skull. (iv) Incised wound 1" x 1/2 " over chin. (v) Incised wound " x 1/4 " over left pinna. (vi)Incised wound 1" x 1/2 " x 1/2 " over the cheek. (vii)Blue spot over the chest of size 1- 1/2 " x 1/4 ".;