- (1.) The appellant, who was arrayed as 1st accused, was tried along with Bisheshwar Kisku, who was arrayed as 2nd accused. Both of them were charged under Section 302 and 201 of the Indian Penal Code. The trial judge, while acquitting Bisheshwar Kisku, the 2nd accused, found the appellant alone guilty for the offence Under Section 302 of the Indian Penal Code, for which he was sentenced to imprisonment for life. The appellant was also sentenced to seven years rigorous imprisonment for the offence Under Section 201 of the Indian Penal Code and the appeal is against the said conviction and sentence.
(2.) PW-10, Sawari Soren, is the wife of the deceased, Rakhal Hembrom. They were residing in the village Jaruadih. On 27.7.1984 at about 3.00 p.m. the appellant went to the house of the deceased and requested him to go along with him. The deceased left with the appellant and on the way they were joined by Bisheshwar Kisku, A-2 (who was acquitted). All the three went to the house of Sita Ram Hansda, PW-5 (who turned hostile) and had taken liquor. After consuming the liquor, the appellant, deceased and Bisheshwar Kisku quarreled with each other. Later, all of them disbursed. Sawari Soren, not finding her husband returning home, went in search of him to the village where he had gone with the appellant. She was informed by the wife of PW-5 that on the previous night, the appellant, Bisheshwar Kisku (A-2) as well as the deceased left the house after quarrelling with each other. She was also informed by PW-5's wife that she heard a noise as if something had fallen into the well but could not make out as to what had fallen. On the evening of 28.7.1984, Chowkidar Kali Rai (PW-7) was informed by the appellant that the dead body of Rakhal Hembrom is in the well and thereafter it was taken out. Fardbayan, Ext. 3, was given by Sawari Soren, who is the wife of the deceased, and was recorded by the sub Inspector, Ram Nagina Singh of Masalia police station. Investigation in the crime was taken up and after the inquest (Ext. 5), the body was sent to the hospital with a requisition to the doctor to conduct autopsy.
(3.) On receipt of the requisition, PW-9, Dr.Bimal Kumar, conducted autopsy on the dead body of Rakhal Hembrom and found the following injuries: (i) Swelling over whole of the neck. On dissection, there was ecchymosis under the skin margin with fracture of thyroid cartilage and trachea. (ii) The tongue was protruded and was bitten by teeth. (III) All nail beds were pale and cyanosed. (iv) Bleedings from nostrils and mouth. (v) Mark of taecal discharge were present. (vi) On dissection of abdomen the liver was lacerated at two places with haematoma was present in abdominal cavity. The doctor issued Ext. 2, the post mortem certificate, containing his opinion that death could be on account of asphyxia due to strangulation and death could have occurred about 3-4 days prior to the autopsy. He had also given his opinion in the said report that the laceration could have been caused by a hard and blunt substance.;