Aparesh Kumar Singh, J. - (1.) THE appellant is suffering conviction under section 302 of the Indian Penal Code and sentence for life imprisonment; he has been further convicted under section 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months; both sentences to run concurrently. Being aggrieved of the judgment of conviction and sentence dated 19.12.2002 and 20.12.2002 passed by learned 3rd Additional Sessions Judge, Dhanbad in Sessions Trial No. 247 of 2001, he has invoked the appellate jurisdiction of this Court.
(2.) FIR in the instant case was lodged on 14.04.2001 at 16.30 hrs on the fardbeyan of Lav Kumar Goswami (informant/deceased) recorded on the same day at 1.15 AM in the night at Sadar Hospital, Dhanbad in an injured condition. It is alleged therein that while he was returning to his house with his friend Dhananjay Kumar Mahto from Kandra Basti at about 10.00 PM in the night, when he reached near the street of his house, one Chhedi Goswami, son of Banwari Goswami accosted him by using filthy language as to who is he. The injured disclosed himself as Lav Kumar Goswami and asked him why he was abusing. Thereupon, the accused appellant herein, took out a Bhujali from his waist and with an intention to kill him, gave a blow near his waist, as a result of which, blood started oozing out. The informant raised hulla and upon hearing it, his father Fani Bhushan Goswami ran out of his house and tried to catch the accused, whereupon the appellant accused assaulted his father with the intention to kill him with the Bhujali on his chest which however impacted upon the left side of the stomach. As a result thereof, he received a cut injury and profuse bleeding started and his father fell unconscious. Thereafter, the accused on seeing other persons coming there, fled away. The informant and his father were taken to the Sadar Hospital, Dhanbad in the injured condition, whereafter their treatment started. Initially, FIR being Baghmara P.S. Case No. 79/2001 was registered under section 341, 324 and 307 IPC, but later on, charge under sections 302 and 341 IPC was framed as the informant's father Fani Bhushan Goswami succumbed to the injury on 30.04.2001 while the informant Lav Kumar Goswami also succumbed to the injury on 18.05.2001. The appellant/accused pleaded not guilty of the charges of sections 302 and 341 IPC framed upon him, where -after trial was commenced.
(3.) ALTOGETHER ten witnesses were examined by the prosecution. P.W. 1 -Dr. Satendra Kumar is the doctor who conducted post -mortem on the dead body of the two deceased Fani Bhushan Goswami and Lav Kumar Goswami, father and son and has also proved the post -mortem reports which are also marked as exhibit 1 and 1/1.;