- (1.) THE appellant was tried under Sections 302 and 307, IPC before the 4th Addl. Judicial Commissioner, Ranchi. On being found guilty, he was sentenced to imprisonment for life, both under Sections 302 and 307, IPC. The present appeal is against the said conviction and sentence.
(2.) THE appellant was a tenant under PW -6. Om Prakash Sah and the said Om Prakash Sah is the husband of the deceased, Chandrawati Devi. The appellants son was spoiling the son of PW6. Om Prakash Sah by not allowing him to study but by engaging him in playful activities. The son of the appellant was also not behaving well with the other persons in the house. Therefore, PW 6 asked the appellant to vacate the house. This was two days prior to the date of incident. On 7.4.1995, PW -6 was sitting in his shop. The appellant was coming in front of his shop with a sword covered with a sheath. On seeing the appellant, PW -6 asked him as to why he is having a sword. The appellant telling him see inflicted and cut PW -6. PW -6 raised alarm and the occurrence was witnessed by PW -14, Ranjan Kumar. On hearing the cries of her husband, (PW -6). Chandrawati Devi, the deceased in the case, came out of her house and took the appellant to task for assaulting her husband. The appellant, thereafter, inflicted injuries on the deceased. Chandrawati Devi. She fell down in front of the shop with bleeding injuries. The information was received by the police officer, in the meantime, who rushed to the spot and caught the appellant at the place. Chandrawati devi was taken to Ranchi Medical College and Hospital for treatment where she was pronounced dead. PW -6 was treated by Dr. M. Allam. who found the following injuries: 1. One Incised wound measuring 4" " bone deep over I he parietal region. 2. Three incised wounds over the right forearm measuring 1" " muscle deep. 3. Incised wound over the upper lip measuring " ". The doctor issued Ext. 6, the injury report with his opinion that injury No. (i) is grievous and other injuries are simple. Pw -13. Dr. Rajeev Ranjan Prasad, on taking up investigation of the crime, conducted inquest and thereafter, issued a requisition requesting Dr. Tulsi Mahto to conduct autopsy.
(3.) ON receipt of the requisition, PW -15, Dr. Tulsi Mahto conducted autopsy on the body of Chandrawati Devi and found two incised wounds measuring 5 cm. cm. and another measuring 7 cm. 2 cm. on the forehead. The doctor also found a stab wound in front of the neck and chest. The stab wound was measuring 3 cm. 1 cm. 3 - cm. and the other stab wound was on the chest measuring 3 - cm. 1 cm. The doctor issued Ext. 7, the post -mortem certificate with his opinion that death is on account of shock and haemorrhage.;