- (1.) THE appellant was put on trial on the accusation of committing murder of Sanjhala @ Lathe Soren and his wife Tala Kundi Marandi. The court having found the appellant guilty for the said charge convicted the appellant for the offence punishable u/s. 302 of the Indian Penal Code vide its judgment dated 28.06.2003 passed in Sessions Case No. 251 of 2001 and sentenced him to undergo imprisonment for life vide order dated 28.06.2003.
(2.) IT is the case of the prosecution as has been made out by the informant -Hopna Soren, P.W. 6, in his fardbeyan (Ext. 3) is that while the deceased Sanjhla @ Lathe Soren and his wife Tala Kundi Marandi had gone to forest for bringing fire woods, this appellant, younger brother of the deceased Sanjhla @ Lathe Soren, committed murder of both the persons by cutting them through axe and chebni (a sharp cutting weapon) as the appellant, Dhuma Soren was suspecting that on account of witchcraft being played by Tala Kundi Marandi, he used to remain sick. It appears that one Guchhu Hansda, P.W. 4, who had climbed on a date tree for taking out toddy and the other one Kona Hembrom, P.W. 5, was cutting Semal tree they saw this appellant assaulting first to his brother Sanjhla @ Lathe Soren by kulhari and chebni and then saw assaulting Tala Kundi Marandi, the wife of the Sanjhla @ Lathe Soren with chebni and kulhari. Both of them after seeing the appellant cutting both the persons came rushing to village where they informed about the occurrence to P.W. 9 -Jarman Marandi and P.W. 10 -Mandal Murmu. Meanwhile, Ashif Beg, P.W. 11, Officer Incharge of Borio Police Station received an information that two persons have been killed near village Basco Jharra. He entered such information in the station diary and proceeded to the place of occurrence. When he came to the place of occurrence, he did find the dead body of Sanjhla @ Lathe Soren which was identified by Dhumal Soren and Hopna Soren, P.W. 6. The I.O. did find the dead body of Tala Kundi Marandi slightly away from the dead body of her husband. There at the place of occurrence, the I.O. recorded the fardbeyan of the informant -Hopna Soren, P.W. 6.
(3.) ON the basis of which a case was lodged and a First Information Report (Ext. 4) was drawn. The I.O. himself took up the investigation during which he held inquest on the dead bodies of both the persons and then sent the dead bodies for postmortem examination which was conducted by Dr. Basant Kumar Sah (P.W. 1), who upon holding autopsy on the dead body of Sanjhla @ Lathe Soren did find following injuries: - i. Lacerated wound on left leg below knee. There is laceration of skin, muscles and vessels. Both Tibia and Fibula bone fractured, size 6" x 3" x bone deep. ii. Lacerated wound on left shoulder 2" x 1 1/2" x muscle deep. iii. Lacerated wound on upper left arm 2" x 1 1/2" x muscle deep. iv. Lacerated wound on left wrist 2 1/2" x 2" x muscle deep. v. Lacerated would on left side face 2" x 1/4" x muscle deep. vi. Lacerated wound on right side upper lip 1" x 1/2" x muscle deep. vii. Lacerated wound near right ear 3" x 1" x bone deep causing fracture of right temporal bone. The doctor issued postmortem examination report (Ext. 1) with an opinion that the death was caused due to shock and haemorrhage as a result of above mentioned injuries caused by Kulhari. The said Doctor also held autopsy on the dead body of Tala Kundi Marandi and did find following injuries: i. Sharp cutting injury on the neck, extending from back of the neck to the lower part of chin, right side size 6 1/2" x 4" x bone deep. The skin, vessels, muscles are found lacerated with cutting of cervical vertebra. ii. Lacerated wound on right shoulder 3 1/2" x 2" x muscle deep. iii. Lacerated wound near left ear on the face 2" x 1 1/2" x muscle deep. The doctor issued postmortem examination report (Ext. 1/1) with an opinion that the death was caused due to shock and haemorrhage as a result of above mentioned injuries caused by axe as well as chebni.;