- (1.) : The appellant was tried and convicted by the Trial Judge under Section 302 of the Indian Penal Code. He was sentenced to imprisonment for life. The appeal is against the said conviction and sentence.
(2.) THE .facts are as follows: The deceased Goma Mundain is the daughter of PW -3, Nandi Mundain. The father of the deceased, Goma Mundain, died prior to the date of occurrence, in this case. The case of the prosecution is that the appellant, Jaura Munda and Mochi Munda as well as Lusa Munda are brothers and that they are the agnates of PW -3 (Mochi Munda died pending investigation and Lusa Munda was absconding at the time of filing of the final report). Further case of the prosecution is that since the agnates, namely, the appellant and other two wanted to usurp the landed property of Soma Munda, they murdered the deceased Goma Mundain on the night of 17/18.12.1995. On 17/18.12.1995, PW -3, Nandi Mundain, was sleeping in her house alongwith her unmarried daughter, Goma Mundain, who is deceased in this case. A light was burning in the room. On hearing some sound, she woke up and found the appellant as well as Mochi Munda and Lusa Munda standing at the door step with Baluwa in their hands. They entered the house and thereafter inflicted injuries on Goma Mundain, as a result of which the said Goma Mundain died. On 20.12.1995, some information was received at the police station. Thereafter the Investigating Officer, PW -6, Sushil Kumar Barla, AS.I. Arki police Station went to the seer e of occurrence and conducted inquest (Ext.2) and later returning to the police station, registered a crime under Crime No. 41 of 1995 on the basis of Ext. 3, the Fardbayan, recorded by him at 1.30 p.m. in the same village. Thereafter, the body was sent to the hospital for autopsy. On receipt of the requisition and the dead body, PW -5, Dr. Umeshwari Kumari, conducted autopsy at 12.40 p.m. on 21.12.1995 and she found the following injuries: "(i) Sharp cut injury from middle of nose to right ear lobule. 6" x 2" x bone depth. (ii) Sharp cut injury right maxillary to mid parital region 6" x 2 1/2 x bone deep. (iii) Sharp cut injury from angle of right mandible to mastoid process 5" x 2" x bone cutting. (iv) Sharp cut injury from right mastoid region to mid occipital region cutting bone. Brain matter exposed 5" x 1 1/2 x cutting the bone. (v) Sharp cut injury 3" x 1/2 x 1" the root of right little finger upto hypo thinner emitence. (vi) Sharp cut injury 2" x 1" x 1/2  on the right wrist joint. (vii) Sharp cut injury on left temporal region 2" x 1/2  x 1/2.  (viii) Left thumb was amputed." The doctor issued Ext. 1, the post mortem certificate, with her opinion that the death would have been on account of shock and haemorrhage.
(3.) AFTER the completion of investigation, final report was filed and the appellant denied the circumstances, put against him under Section 313 of the Code of Criminal Procedure.;