R.R.PRASAD, J. - (1.) SHANKAR Mahto and Ramsundar Mahto, who are appellant Nos. 1 and 2, were arrayed, as A -2 and A -l before the trial court. In this judgment, the appellants will be referred as A -l and A -2, in the same order, as they were arrayed before the trial judge.
(2.) 2nd accused was charged under Section 302 IPC as well as 27 of the Arms Act. The 1st accused, who is the father of the 2nd accused was charged under Section 302/34 IPC and also under Section 302/109 IPC. The trial judge while finding the 2nd appellant guilty under Section 302 IPC, sentenced him to undergo rigorous imprisonment for life . He was sentenced to three years rigorous imprisonment under Section 27 of the Arms Act. The 1st accused, Ramsundar Mahto, was convicted under Section 302 read with Section 109 IPC, for which he was sentenced to imprisonment for life. The accused, Shankar Mahto(A -2), was also directed to pay a fine of Rs. 20,000/ - and in default of payment of fine, he was further directed to undergo simple imprisonment for a period of two years. The above appeal is against the said conviction and sentence. The 1st accused, Ramsunder Mahto, is the father of the 2nd accused, Shankar Mahto. The deceased, Dukhan Mahto, is the brother of the 1st accused, Ramsundar Mahto. PW -1, Jalindar Mahto and PW -7, Keshra Mahto, are the sons of the deceased, Dukhan Mahto. PW -4, Fulchand Mahto, is the son -in -law of the deceased. The deceased wanted to perform the marriage of his grand daughter, Kiran Kumari, after selling his share of land. On account of the above, quarrel arose between the accused, Ramsundar Mahto and his brother, the deceased, Dukhan Mahto. On the morning of 24.2.1997, the 1st accused and the deceased quarreled with each other. This is said to be the motive of the occurrence, which took place at 8.00 p.m. on 24.2.1997. On 24.2.1997 at 8.00 p.m. the 1st accused accompanied by the 2nd accused met the deceased and questioned him. There was exchange of words between the parties. At that time, the 2nd accused, Shankar Mahto, took a pistol and shot at the deceased . The deceased fell down and died. This was witnessed by PW -1, Jalindar Mahto, PW -2, Md. Sharif Ansari, PW -3, Jai Ram Mahto, PW -4, Fulchand Mahto and PW -7, Keshara Mahto. Fardbayan, Ext.3, was given by PW -7 at the police station at 10.45 P.M., on the basis of which a crime was registered under Ext.4. The Investigation was taken up by Niranjan Kumar Ghosh, who was examined as PW -9. He, on taking up the investigation of the crime, examined witnesses at the time of inquest and prepared inquest report, Ext.5. After the inquest, the dead body was sent to the hospital with a requisition for autopsy.
(3.) ON receipt of the requisition and the dead body, PW -8, Dr. Ram Sewak Sahu, conducted autopsy on the dead body of Dukhan Mahto . He found the following injuries : INJURY: (Fire arm injury) Wound of entrance 2x1 cm on the upper part of chest in the middle line with abraded margin ; Projectile passes through sternum; arch of aorta and entered into left lung from where a bullet has been recovered from the lung. The track of the wound is contused and lacerated with present of blood and blood clot in the left thoracic cavity. Abrasion: 4x 2 cm left arm front middle part. The doctor issued Ext.2, the post mortem certificate, with his opinion that the injury No. 2, abrasion, could have been caused by hard and blunt substance and that the death is on account of fire arm injury, such as pistol.;