- (1.) THE appellants, two in number, challenge their conviction and sentence in this appeal. They were tried and convicted under Section 302 read with 34, IPC. They were sentenced to imprisonment for life. Hence, the appeal.
(2.) THE allegation against them is that Bishwanth Kalindi, the first appellant sharing the common intention of Shatrughan Kalindi, second appellant, stabbed the deceased, Mantu Kalindi at about 5.30 p.m. on 12.2.1996 during a quarrel. The facts are as follows: PW 6, Manju Kalindi is the wife of the deceased, Mantu Kalindi. The deceased, Mantu Kalindi and PW 6, Manju Kalindi were residing in the same village where the appellants were also residing. The first appellant is said to be the son of the second appellant. At about 5.30 p.m. on 12.2.1996, the deceased went out of the house and sometime thereafter, PW 6 heard the voice of her husband. She came out of the house and saw her husband quarreling with Shatrughan Kalindi, the second appellant. While the quarrel was going on between the deceased and the second appellant, Bishwanath Kalindi the son of the second appellant brought a dagger from his house, in front of which the second appellant and the deceased were quarreling and inflicted a blow. On seeing this, PW 1, Jugal Patro raised alarm. The occurrence was witnessed by Jugal Patro (PW 1}, Kalipado Kalindi (PW 4) and Manju Kalindi (PW 6). The villagers gathered and appellants went away. The fardbeyan, Ext. 4 was given at the police station on the basis of which, a crime was registered and investigation was taken up by PW 12, Mukut Dhari Mahto. PW 12 Mukut Dhari Mahto, on raking up investigation conducted inquest over the dead body and sent the body to the hospital for autopsy.
(3.) ON receipt of the requisition and the dead body, PW 8, Dr. Nawal Kishore Sinha conducted autopsy and found a sharp cutting pointed wound on the right side of middle of sub clavicular groove near the root of the right side of neck measuring 3" x 1" x 5". The doctor noticed rupture of right lung. He issued Ext. 3, the postmortem certificate with his opinion that death is on account of shock and hamerroage due to the rupture of lung and the said injury could have caused by a sharp cutting weapon.;