- (1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 20.2.2004 and 24.2.2004 respectively passed by the learned Addl. Sessions Judge, FTC 1, Bermo at Tenughat, in Sessions Trial No. 228 of 2000 whereby and whereunder the appellant having been found guilty for committing murder of Sonia Manjhian has been convicted for the offence punishable under section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. The case of the prosecution is that while Babuchand Marandi (PW2), Motilal Manjhi (PW3), Haldhar Manjhi (PW4) and Rajkumar Manjhi (PW5) had gone to field to answer nature of call, they heard sound of screaming. Upon it, when they went to that direction, they saw Sonia Manjhian (deceased) at a place severely injured. She disclosed to them that it was the appellant who had inflicted injuries upon her. One of them Raj Kumar Manjhi (PW5) informed the brother of the deceased Bajan Manjhi PW6 (informant) who along with others, PWs 2 to 5, came at the place of occurrence to whom the deceased again told that it was the appellant who has inflicted injuries upon her. Thereupon, when the informant and others started taking the deceased to hospital, she died on the way whereupon the dead body was brought by the informant to his house. Subsequently, the informant PW6 came to the police station and gave a written report (Ext. 4) upon which the case was registered under Section 302 of the Indian Penal Code and a formal FIR (Ext. 4/1) was drawn.
(2.) THE matter was taken up for investigation. During investigation, Police came to the house of the informant and prepared inquest report (Ext. 2/1). Thereafter, the dead body was sent for post -mortem examination which was conducted by Dr. Ratneshwar Prasad Verma, (PW8) on 15.3.2000 during which he found following ante mortem injuries: - - - "1. Abrasion 1 1/2 " x 1/4" over right side of forehead. 2. Abrasion 3 1/2" x 1/4 over right side of back. 1' below costal cartridge obliquely placed. Abrasion Pea size left side of waist. 3. CUT 1' x 1/2' x skin deep outer side of right arm. 4. CUT 1/2' x 1/2' x skin deep outer side of right arm. Cut 1 x 1/2 x 1/6' back of the palmer side of the thumb. 5. CUT 1 x 1/6' x skin deep medial side of the palm of right hand. 6. CUT 1' x 1/4' x skin deep right side of back at the lower end of scapula, 2' away from the mid line. Cut 1' x 1/2' x 1/2' right side of waist. 7. CUT 1' x 1/4' x 1/2' left side of back 2" away from the mid line at T -12 level. 8. CUT 1 1/4' x 1/4' x 1' left side of the back 3" away from mid line at L -1 level. Cut 3' x 1/6' x skin deep transverse 1' away of midline at L -5 level on left side. 9. CUT 1/2" x 1/4' x 1/2" on the mid line of the waist 2" below the L -5. 10. CUT 1 1/2 x 1/4' x skin deep lower and outer side of left breast. Cut 1' x 1/4' x 1/2' medial side of middle of the left forearm. 11. CUT 1 1/2 x 1/4 ' x 1/2 back of left forearm. 12. CUT 1' x 1/4' x 1/4' outer side of left forearm 2" below the elbow transverse. Cut 1/2' x 1/4' x 1/2' front of the left arm transverse. 13. CUT 1/2' x 1/4' x 1/4' left side of the nape of neck. 14. STAB injury 1/2' x 1/4' x 1 left side of back below the neck. Stab injury 1 1/2' x 1/4' x 1 1/2' right side of back at the level of T -10 and 1 and 1/2' away from mid line obliquely placed. 15. STAB injury 1 1/2 x 1/4 x 2 right side of back half inch below the injury No. 21... Stab injury 1 x 1/4 abdominal cavity deep right side of back about half inch below the injury No. 21 vertical. 16. STAB injury 1 1/2' x 1/4' x 1 1/4' right side of back transverse about 2" below injury No. 22. Stab injury 1 1/2 x 1/4 x thoracic cavity deep left side of chest in wall in posterior auxiliary, but at the level of T7. 17. STAB injury 1 1/2 x 1/4' x thoracic cavity deep left side of chest in mid axillary line at the level of T3 oblique. 18. STAB injury 1 1/2 x 1/4' x Thoracic cavity deep left side of chest in mid auxiliary line at the level of T -8. Stab injury 1 3/4 x 1/4 thorasic cavity deep just behind the auxiliary line at the level of T4. 19. STAB injury 1 x 1/2 1 1/2 left side of abdomen in mid clavicular line."
(3.) ACCORDING to the doctor, the death of the deceased occurred due to cardio respiratory failure on account of massive haemorrhage and shock due to severe injuries to vital organs like lung, stomach and spleen. The post -mortem report has been proved as Ext. 3. On completion of the investigation, police submitted charge -sheet upon which cognizance of the offence was taken. When the case was committed to the court of sessions, the appellant was put on trial. The prosecution examined altogether nine witnesses. Of them, PW2, PW3, PW4 and PW5 did testify that while they had gone to the field, they heard sound of screaming coming from a direction, when they moved to that direction, they found the deceased Sonia Majhian severely injured. She disclosed to them that it was the appellant who had inflicted injuries upon her with knife. One of them (PW5 Rajkumar informed the brother of the deceased Bejan Manhi (PW6) who along with P.W. 1 Surendra Manjhi when came to the place of occurrence, the deceased disclosed to them also that it was the appellant who had inflicted knife injuries to her. They started taking her to hospital, but, on the way, she died and, therefore, they brought the dead body of the deceased to the house of the informant PW6. The witnesses, particularly PW6, have clearly deposed that neither he had enmity with the appellant, nor the appellant was inimical to the deceased. However, the trial court having found the evidences of the witnesses credit -worthy, placed its reliance over the dying declaration and hence recorded the order of conviction and sentence against the appellant. Being aggrieved with that judgment of conviction and order of sentence, this appeal has been preferred.;