- (1.) The appellant, Subal Mandal and his wife Sona Devi were tried for charge under Section 302 of the Indian Penal Code on the allegation of committing murder of one Chamu Mandal.
(2.) The Trial Court did not find the appellant guilty for an offence under Section 302 of the Indian Penal Code, rather found the appellant guilty under Section 304, part II of the Indian Penal Code and accordingly convicted and sentenced him to undergo R.I. for 5 years. On the other hand, Sona Devi was found guilty for an offence under Section 323 of the Indian Penal Code and was given benefit under Section 360, Cr. P. C.
(3.) The case of the prosecution is that on 31-7-1997 at about 7 A.M. the deceased, Chamu Mandal went to plough his land where his brother (the appellant) and his son, Vikash Mandal (does not seem to have been put on trial) and Sona Devi came and abused him. Thereafter the appellant asked his son, Vikash Mandal to assault him. Upon it Vikash Mandal gave a sword blow on his head and the appellant, Subal Mandal gave a bhala blow on his head and the accused, Sona Devi assaulted him with danda. Thereafter the deceased, Chamu Mandal submitted a written report (Ext. 2) to Poraiyahat (Deodanr) Police Station. Upon which the case was instituted under Sections 323, 324, 307/34 of the Indian Penal Code and the injured Chamu Mandal was referred to Sadar Hospital, Godda fromwhere he was referred to Bhagalpur College Hospital where in course of treatment he died on 6-8-1997. On his death the case was also registered under Section 302 of the Indian Penal Code. In course of investigation the I.O. (P.W.9) sent the dead body along with requisition for its postmortem examination. P.W. 10, Dr. Sohan Prasad Choudhary did autopsy on the dead body of the deceased on 7-8-1997 and found the following antimortem injuries on the body : - (i) Stitched wound 3" on left parietal; (ii) Stitched wound 11/2" on left frontal; (iii) Stitched wound 6" on right paramidian area of abdomen ; (iv) Stitched wound 1/2" on right arm; (v) Bruise 1/2" x 1/2" four in number on mid of the chest; (vi) Bruise 3" x 1" on back of the neck; Doctor also did notice that there are massive haemorrhage underneath the muscle of neck on back portion. The Doctor issued the postmortem examination report (Ext. 3) with an opinion that the cause of death was shock and haemorrhage and septicemia.;