- (1.) THESE appeals are directed against the judgment of conviction and order of sentence dated 1 -6 -1999 passed by the 1st Additional Sessions Judge, Chaibasa in S.T. No. 203 of 1995 whereby and where -under the court while acquitting the appellants of the charge under Sections 364/34 convicted the appellants for the offence punishable under Sections 302/34 of the Indian Penal Code for committing murder of Jagdish Patro alies Jaggu Patro and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/ - and in default to undergo rigorous imprisonment for a period of two years. The case of the prosecution is that in the night of 25 -3 -1995 at about 10 o'clock while the informant, Manju Champia, P.W. 8, P.W. 7, Sudha Patro, the mother of the deceased and P.W. 5, Sanjay Patro, the brother of the deceased were in the house, these two appellants came over there and started calling the name of Jagdish Patro alias Jaggu. Upon hearing them, Jagdish Patro alias Jaggu (deceased) came out of the house whereupon his mother and sister also came out. There they found these two appellants outside the house, who asked Jagdish Patro alias Jaggu to come along to have liquor with them. Upon it, Jagdish Patro alias Jaggu told them that he does not have any money. Thereupon both the appellants took Jagdish Patro alias Jaggu along with them but he did not return in the night. In the morning, when they came to know that the dead body of Jaggu is in the house of the appellant, Sardana Ghagra alias Sardar Ghagra, the sister Manju Champia, P.W. 8, brother Sanjay Patro, P.W. 5 and mother Sudha Patro, P.W. 7 came to the house of Sardana Ghagra where they found the dead body of Jaggu, who was having injury over his head. There they also found a tangi smeared with blood lying under a cot. There the police reached over there to whom Manju Champia, P.W. 8, the sister of the deceased gave fardbeyan (Ext. 4) to the effect as stated above which was recorded by Sub -Inspector, B.K. Pandit of Gua Police Station. In her fardbeyan she also stated that relationship between the deceased and the appellants was quite cordial. However, it was alleged that both the appellants have killed her brother.
(2.) ON the basis of fardbeyan (Ext. 4), a case was registered against the appellants and a formal FIR (Ext. 3) was drawn. The Investigating Officer, who has not been examined in this case, held autopsy on the dead body and prepared an inquest report (Ext. 5). The Investigating Officer also seized tangi, a glass and a bottle under seizure list (Ext. 6). After holding inquest on the dead body, the dead body was sent for post mortem examination which was conducted by Dr. D.N. Jha, P.W. 1, who upon holding autopsy did find following injuries. (i) Incised wound over the left side of vault of scalp 8" x 4" x brain deep with brain matter out. (ii) Punctured wound over the root of the nose 1/2" x 1/2". Upon dissection, fracture of left temporal parietal and frontal brain with brain matter protruding out with fracture of nasal bone was found.
(3.) THE Doctor issued post mortem examination report (Ext. 1) with an opinion that death was caused on account of haemorrhage and shock due to above injuries.;