- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 13.09.2005 passed by the then learned Sessions Judge, Simdega, in Sessions Trial No. 75 of 2004 whereby and whereunder the court, having found the appellant guilty for committing murder of George Gilbut Xess, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
(2.) The case of the prosecution is that on 12.05.2004 at about 8.00 O'Clock night, the appellant, the maternal brother of the deceased, came to the house of the informant-Teresa Xess (P.W. 5) and told her deceased husband-George Gilbut Xess to go with him to Pakritoli. Thereupon, both of them went away. But after fifteen minutes, on hearing screaming of her husband, she rushed towards the screaming sound and found that her husband was lying dead in the pool of blood with cut injury on left side of neck and shoulder near the new house of the appellant-Abraham Lakra. The informant stated to have seen the appellant fleeing away from the place of occurrence with Bhujali. Thereafter, she started crying loudly, on which, the people of vicinity came, to whom, she disclosed about the occurrence. On 13.05.2004, when Krishna Kumar Singh (P.W. 6), A.S.I., Kurdag Police Station received rumour that one person has been murdered at village Khapra Toli, he came over there and recorded the fardbeyan (Ext. 3) of informant-Teresa Xess (P.W. 5).
(3.) The Investigating Officer (P.W. 6) undertook investigation, during which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 1). After holding inquest, dead body was sent for postmortem examination, which was conducted by Dr. Krishna Kumar Sharma (P.W. 4). On holding autopsy, the doctor find the following injuries on the person of the deceased: (i).Incised wound of size about 6" X 4" X bone deep over back side of left shoulder. (ii).Incised wound of size about 6 " X 4" X 2" on antero lateral aspect of neck on left side, cutting trachea, oesophagus and vessels. The doctor (P.W-4) issued post-mortem examination report (Exhibit-2) with an opinion that death was caused due to hemorrhage and shock and due to injuries caused by sharp cutting and heavy object such as Bhujali.;