- (1.) The appellant was put on trial on the accusation of committing murder of Samu Tudu. The Trial Court, having found the appellant guilty for the charge, convicted him for the offence punishable under Sec. 302 of the Indian Penal Code vide its judgment dated 27.1.2004 and sentenced him to undergo imprisonment for life for the said offence. The case of the prosecution, is that, Samu Tudu, the father of the in -formant -Jona Tudu (P.W. 2) had come to the house of the informant a few days before. On 17.11.2002 while the informant was inside her house, she heard distress sound of her father coming from outside of the house. On hearing, when she came outside of the house she found this appellant assaulting her father till he died. When the informant tried to rescue her father, the appellant also made an attempt to assault her but she fled from there.
(2.) In that night itself, Lalan Kumar, the officer -in -charge of Barhait Police Station when received information of deceased being killed in the village, he came to the village and recorded the fardbeyan at 2.00 a.m. on 18.11.2002 wherein the informant (P.W. 2) stated about the incident, as has been stated above. On the basis of said fardbeyan (Ext. -2) a formal F.I.R. (Ext. -3) was drawn and case was registered.
(3.) The said Lalan Kumar, S.I., Barhait Police Station took up the investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. -4). Thereupon, the I.O. sent the dead body for post mortem examination, which was held by Dr. Lalit Mohan Prasad, who on holding autopsy on the dead body of the deceased did find following injuries on the person of the deceased: - - "(i) Bruises 4" X 1/2", 4 1/2 X 1/2", 3" X 1/2" obliquely placed on left side of chest with underlying fracture of 3rd and 4th ribs of left side. (ii) Lacerated wound on lower lips on left side 1" X 1/4" X 1/4"." On dissection of the chest, the cavity was found full of blood and blood -clots. The lungs on the left side were lacerated at three places along with its pleura. All the chambers of the heart were empty. The right lung was found pale.;