- (1.) This appeal is directed against the judgment of conviction date 19th December 2003 and order of sentence dated 23rd December 2003, passed by the then Additional Judicial CommissionerII, Khunti in Sessions Trial No. 393 of 2002, whereby and whereunder the Court having found the appellant Imil Topno guilty for committing murder of Khirodhar Sahu, convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) The case of the prosecution, as has been projected in the fardbeyan (Ext.1/1), is that on 28/04/2002, Khirodhar Sahu, the husband of the informant Phulmani Devi (PW1), had gone to the village Degree to attend a marriage ceremony. While he was there in that village, the appellant Imil Topno, at about 12 'O' Clock, came to the house of the informant armed with 'Tangi' and started banging the door with 'Tangi'. He even climbed on the roof and started breaking the tiles. Seeing all this, the informant Phulmani Devi came out of the home and rushed to the village Degree. But, by that time, her husband Khirodhar Sahu had left the village Degree. At about '6' Clock in the evening, her son Garib Das (PW2) came to the village Degree and informed her that the appellant Imil Topno by entering into the house, has committed murder of his father. On hearing this, she immediately came home and found her husband dead. By that time also the appellant was wondering here and there by holding 'Tangi' in his hand and, therefore, he did not come out of the house for informing about the occurrence at the police station. On the next day, i.e. 29/04/2002, when Suresh Prasad Yadav, the OfficerinCharge of Torpa Police Station came to the house of the informant at about 06:30 A.M., he recorded the fardbeyan of the informant wherein she narrated the same story as has been stated above. She also stated about the motive wherein she stated that his son Basudeo Sahu and one Bindri Topno, daughter of the appellant Imil Topno, were working at Punjab, where Basudeo Sahu the son of the deceased got married to her and on account of that the appellant used to held out threats to the deceased of dire consequences. On the basis of the said fardbeyan, a formal FIR (Ext.4) was drawn.
(3.) The matter was taken up for investigation, during which the Investigating Officer (PW8) held inquest on the dead body of the deceased and prepared an inquest report. Thereupon, he sent the dead body for postmortem examination, which was conducted by Dr. P.M.Topno (PW7), who, on holding autopsy, did find the following injuries on the person of the deceased: "(i) Both eyes half opened, mouth opened and teeth were visible. Bleeding through nose and both ears. (ii) Lacerated wound over right side of parietal region size 2"x 2"x 1". On exploration bone was found fractured full of blood clots, laceration of meninges and brain matters." According to the Doctor, the aforesaid injuries were sufficient to cause death, which have been caused by hard and blunt substance such as back portion of 'Tangi' and the death occurred due to shock and hemorrhage on account of the injuries to vital organ brain. He proved the injury report as Ext.3. Meanwhile, the I.O. (PW8) seized the 'Tangi', which was lying beside the dead body of the deceased under seizure list (Ext.2) in presence of witness PW3. The I.O also recorded the statements of the witnesses.;