- (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 7th day February, 2004 passed by learned 1st Addl. Sessions Judge at Chaibasa in Sessions Trial No.63 of 1999 whereby and whereunder the appellant, having been found guilty for the offences punishable under Sections 396 and 307/34 of the Indian Penal Code, was sentenced to undergo imprisonment for life for the offence under Section 396 of the Indian Penal Code and further to undergo imprisonment for seven years for the offence under Section 307/34 of the Indian Penal Code.
(2.) IT is the case of the prosecution that on 02.01.1995 at about 8.00 P.M., while the informant -Shanti Purty was in her house along with her mother and father and were preparing to go to retire to bed, four persons entered into her house. After seeing them, she raised alarm. Upon it, her father, who had been sleeping at Khalyan situated adjacent to the house, came rushing over there and tried to catch hold of them. Meanwhile, when she raised alarm, three to four persons also entered into the house. Two of them, caught hold of her father and one caught hold of her mother. They held out threat for giving money. Thereupon, the informant -Shanti Purty took out Rs.10,000/ - from a box and gave it to the miscreants. However, they asked for more money. During that course, the miscreants made his father fall on the ground and one of the miscreants, cut his neck by Bhujali, causing his death. Meanwhile, other miscreants also assaulted on the head of the mother, as a result of which, she died. The miscreants also made an attempt to kill the informant but she caught hold of Bhujali, as a result of which, she received cut injuries on both her hands. She also sustained injury over her abdomen. She was able to identify one of the miscreants, namely, Kala @ Sahua Boipai (appellant)under the earthen lamp (Deepak). It is also the case that the miscreants had tied her down but she anyhow untied herself and came rushing to the house of her neighbour, who did not help her and then came to the house of her brother -in -law where her sister put a cloth over the injuries. In the morning they came to the house where they found the dead body of the father and the mother.
(3.) THE matter was informed to the Chakradharpur Police Station. On getting information, one of the inspectors came to the place of occurrence where he recorded the Fardbeyan (Ext.4) of the informant. Upon which, a formal FIR (Ext.5) was drawn against the appellant -Kala @ Sahua Boipai and seven others and the case was registered under Section 396 of the Indian Penal Code. During investigation, inquest reports were prepared. The dead bodies were sent for post mortem examination. Doctor B.K. Singh held autopsy on the dead body of the father and the mother of the informant. The Doctor, who held autopsy on the dead body of the father of the informant -Shanti Purty, found the following injuries: - "Incised wound about 6 -7" long x 1/4"x 4 -5" over the neck, cutting the vital structures, which were sufficient to cause death". Similarly, Doctor did find the following injuries on the dead body of the mother of the informant: - "Incised wound about 6 -7" long x1/4"x1/4" over the neck, cutting the vital structures. Those injuries were sufficient to cause death". The Doctor, who had held autopsy, was never examined. However, Dr. Jawahar Khan (P.W.7) was examined, who proved the postmortem report of the father and mother of the informant as Ext. 3 and 3/1. During investigation, the informant was also examined by Dr. Sangeeta Sundar Ray -P.W.6, who did find the following injuries on her person: - i. Stab wound 1"x1" over lower part of right side of chest. ii. Incised wound 2" below right thumb and index finger. iii. Incised wound 1/2" over distal part of right middle finger. iv. Lacerated wound 1" size over medial side of left thumb. v. Lacerated wound 1 -1/2" over medial side of left thumb. vi. Incised wound 1 -1/2" over terminal part of left ring finger. According to Doctor, the injuries were caused by sharp and penetrating instrument. Opinion with respect to injury No.1 could not be given whereas injuries Nos. 2 to 6 were found to be simple in nature. ;