- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 25th September, 2004, passed by the Additional Sessions Judge, Simdega in Sessions Trial No. 17 of 2002, whereby and whereunder the trial Court having found the appellants Gabrail Samad and Susain Samad guilty for committing murder of Baudha Beck and also for making an attempt on the life of the informant Niroj Beck, convicted them for the offence punishable under Sections 302 and 307 of the Indian Penal Code and sentenced them to undergo R.I for life for the offence under Section 302 of the Indian Penal Code. However, no separate sentence was inflicted for the offence under Section 307 of the Indian Penal Code.
(2.) The case of the prosecution is that on 04/10/2001 at about 05.30 P.M while the informant (PW6) was there in his house, he saw his father Baudha Beck (the deceased) coming towards home. Suddenly, appellant no. 1 Gabrail Samad came there and assaulted on the neck of his father with 'Baluwa' as a result of which his father fell down. Immediately on seeing this, he went there and asked the appellant Gabrail as to why he has assaulted his father. Upon it, appellant no. 2 Susain Samad caught hold of him and Gabrail Samad started assaulting him as a result of which he received injuries over his head and below the right shoulder. Thereafter, in order to save himself, he ranaway. At the same time, accused persons exhorted each other to kill him. Subsequently, PW8 the OfficerinCharge of Bansjore O.P, on getting an information that one person has been killed and the dead body is lying over the road, reached there alongwith the Chaukidars and recorded the fardbeyan (Ext.2) of Niroj Beck the informant (PW6) at about 08.00 P.M, wherein the informant stated about the occurrence as has been stated above. He also stated that the accused persons had committed such offence as there was land dispute in between them. Upon it, a formal FIR (Ext.3) was drawn.
(3.) The Investigating Officer (PW8) took up the investigation, during which he held inquest on the dead body and prepared a inquest report (Ext5). The Investigating Officer also did notice the injuries on the person of the informant (PW6). He sent a requisition for his treatment. The informant (PW6) was examined by Dr. Patrick Tete (PW3), who, upon examining him, did find the following injuries on his person: (1) Incised wound on forehead 3" x 1/2" x skin deep. (2) Incised wound 1 1/4" x 1/4" skin deep. (3) Incised wound on right shoulder 3" x 1/2" skin deep. (4) Tenderness in right palm. He issued injury report (Ext.1) with an opinion that injury nos. 1 to 3 have been caused by sharp edged weapon such as 'Baluwa'. Injury no. 4 has been caused by hard blunt weapon such as 'Lathi'. At the same time, the Investigating Officer, after holding inquest on the dead body, sent the dead body for its autopsy, which was done by Dr. Suhash Tetarbe (PW9), who, on holding autopsy, did find the following injuries on the persons of the deceased: External Injuries (I) A cut wound measuring 4" x 1" x bone deep, extending from left pinna towards occipital, brain tissues were found cut and vertebrae C 2 4 were found fractured. Internal Injuries (1) Brain matter was cut by sharp weapon. (2) Fracture of Vertebra C 2, 3 & 4. (3) Heart was found pale and empty and other viscera was also found pale and empty. (4) Vessels at the site of injuries were found cut and large vessels were collapsed. The Doctor (PW9) issued a Post Mortem report (Ext.8) with an opinion that the death was caused due to shock and hemorrhage on account of cardio respiratory failure due to above injuries.;