- (1.) THIS appeal filed on behalf of the above named three appellants is directed against the judgment of conviction and order of sentence dated 4.8.2004 and 6.8.2004 passed by the then 9th Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 13 of 2003 whereby and whereunder the court having found the appellants guilty for committing murder of Sarju Bhagat and causing injuries to Pyari Devi (PW3) with an intention to cause her death, convicted them for the offences punishable under sections 302 IPC and also under sections 307/326/34 as well as under sections 449 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life and also to pay fine of rupees five thousand for the offence punishable under section 302/34 IPC and, in default of payment to undergo simple imprisonment for three months, and further sentenced them to undergo rigorous imprisonment for seven years each for offences punishable under section 307/34 and 449 of the Indian Penal Code and to undergo rigorous imprisonment for three years for offences punishable under sections 326/34 of the Indian Penal Code, and all the sentences were ordered to run concurrently.
(2.) THE case of the prosecution is that in the intervening night of 20/21.8.2002 while the deceased Sarju Bhagat was sleeping in his thatched house along with his wife, these three appellants entered into the room, at about 1.00 a.m. and inflicted injuries upon Sarju Bhagat. When his wife Pyari Devi (PW3) tried to intervene in the matter, she was also inflicted with chhura injuries. Thereupon, she raised alarm upon which the informant Raju Bhjagat (PW5), his brothers Shankar Bhagat and Chhotelal Bhagat (P.Ws. 1 and 6), Damodar Bhagat (accused) and also Indu Devi PW2, wife of PW1 Shankar Bhagat, rushed to the room of the deceased. While PW5 was coming rushing towards the room of the deceased, he saw these appellants coming out of the room having 'chhura' with them. PW5 chased them, but did not succeed in apprehending them. Thereafter he returned back to the room of his father where he as well as other witnesses named above found the father dead. They also found Pyari Devi PW3 injured who disclosed to them that it were the appellants who had committed murder of her husband and caused injuries to her.
(3.) THE injured Pyari Devi was removed to Tisco West Bokaro Colliery Hospital. There, at about 4.30 a.m. one A.K. Sinha, officer incharge of the West Bokaro Out Post, came along with the investigating officer Kamla Prasad Singh (PW8) and recorded fard beyan (Ext. 3) of Raju Bhagat (PW5) upon which a formal FIR was drawn. Thereupon the investigating officer (PW8) took up investigation of the case. During investigation he came to the place of occurrence where he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 6) and sent the dead body for its post mortem examination which was conducted by Dr. A.K. Sinha (PW9) who did found the following injuries on the person of the deceased. Stab wound 2" x 1" x chest cavity deep at the left upper part of the front of the chest near sternum base. (ii) Stab would 1" x 1" x muscle deep at the upper right thigh. (iii) Stab wound 1/2" x 1/2" x muscle deep at the middle of front of right leg. Upon internal examination left lung was found ruptured, thorasic cavity was filled with blood clots of about four ounces. The doctor issued post -mortem examination report (Ext. 4) with an opinion that the death was caused due to shock and heamorrage on account of above mentioned injuries caused by sharp cutting instruments. Meanwhile, the investigating officer sent Pyari Devi PW3 to the TISCO West Bokaro Colliery Main Hospital for her treatment where she was examined by Dr. Chitra Das (PW10) who found the following injuries on her person: (I) Incised wound 2.5 cm x 2 c.m upto abdominal cavity deep spindle shaped, gaping, edges, smooth, even clean cut well defined everted fresh bleeding seen just below right costal margin 1" left to mid line, grievous in nature, caused by sharp cutting weapon. However, the Doctor (PW 10) has testified that as per Specialist following injuries were found: - (a) Sharp cut injury in the anterior wall of stomatch, size 6cm x 1cm near greater curveture 6cm above the pylorus; (b) liver capsule and parenchyma is cut at the anterior margin near porta hepetas of 2cm x 1cm; (II) Incised injury 1.2cm x 5 cm x 5 cm spindle shape gaping, edge smooth, even everted fresh bleeding seen over right anterior/superior spine; The doctor issued injury report (Ext. 5) with consultation to Specialist Surgeon opining therein that if timely treatment would not have been provided, then the patient may have died due to shock. Meanwhile, the investigating officer (PW8) made inspection of the place of occurrence and recorded statements of the witnesses and after completion of the investigation, charge sheet was submitted not only against these three appellants, but also against Damodar Bhagat upon which cognizance of the offence was taken and when the case was committed to the court of sessions, all the four accused persons were put on trial. ;