- (1.) APPELLANTS Prem Lal Mandal and Dhola Mandal were arrayed as A -1 and A -3 before the Sessions Court along with Bhuneshwar Mandal who was acquitted by the trial Court in Sessions No. 79 of 1988/6 of 1989. The appellants on being found guilty under Sec.302/34, Indian Penal Code, were convicted and sentenced to rigorous imprisonment for life, which is challenged in this appeal.
(2.) THE case of the prosecution can be 'briefly summarized as follows. Pw 2 Babulal Mandal is the father of the deceased Anil Mandal. Pw 3, aged about 7 years at the relevant period, is the sister of the deceased. Two months prior to the date of the incident, a dispute had arisen regarding irrigation of the field between Pw 2 and Dhola Mandal, the 2nd appellant and at that time Dhola Mandal had threatened Pw 2 that his son will be killed. This is stated to be the motive for the occurrence. On 4.3.1988 at about 3.00 p.m. Pw 2 Babulal Mandal went to sell potato at market. Pw 3 Rinku Kumari and the deceased were asked to go to the field for the purpose of keeping a watch over the crops raised. Appellants 1 and 2 went there and after sending Pw 3 to the house, took the deceased along with them to witness a movie. The deceased accompanied the appellants and thereafter Pw 3 returned to the house and informed her father Pw 2 that the deceased had gone to cinema along with the appellants. The deceased did not return home on the night. They started searching for the deceased and at about 8 p.m. the dead body of the deceased was found on a cot lying in front of his house. Thereafter Pw 2 gave Jardbeyan Ext. 2 to the police which was recorded by the Investigating Officer Pw 10. The investigation was taken up by Pw 10 who conducted inquest over the dead body of the deceased and prepared inquest report (Ext. 6). After inquest, the dead body was sent to the hospital with the requisition to conduct autopsy. The police officer also prepared seizure list (Ext. 7) attested by the witnesses.
(3.) ON receipt of the requisition, PW 9 Dr. Ashok Kumar, Civil Assistant Surgeon (CAS) attached to the Government Hospital at Godda conducted autopsy on the dead body of the deceased and he found the following injuries : (i) "An incised wound on the left side of chin closed to inferior border of jaw 1 -1/4" x 3/4" deep. (ii) A gutter like wound on the anterior aspect of neck encroaching both lateral aspects. Size 4" x 1 -1/2" x 1 -1/2". Margin of the wound was incised in the central portion about K -2" area but margins were lacerated laterally. (iii) On dissection the brain matter was found to be very pale. The neck portion was posteriourly intact but cut interiorly and on sides as described above. The tracheal cartilage wind pipe and hyoid bone were cut. All the major vessels of neck were cut. Sternoclido -mastoid was cut on both sides. Body of third servical vertira was slightly cut. The heart was completely empty with no blood and was small sized. The lungs, liver and spleen were all pale. The stomach contained about 3 of partially digested food materials. The intestine contained ficle matter and Bladder contained about 1/2 Ozs of lurine. The doctor issued Ext. 4, post -mortem certificate, opining that the death is on account of injuries to the neck. In the meantime, PW 2 caught hold of the 1st appellant Premlal and on being questioned he informed PW 2 that the 2nd appellant committed murder of the deceased. Premlal, 1st appellant, was later produced before the Investigating Officer, PW 10 by PW 2.;