- (1.) THE appellant on being tried for an offence of murder was found guilty and sentenced to imprisonment for life, which is being challenged in this appeal.
(2.) BHOLA Ghasi, the deceased, is the son of PW -9, Subhadra Ghasin. PW -1, Chhotan Ghasi, is the brother of the deceased Bhola Ghasi. The case of the prosecution is that PW -2, Pawan Singh and PW -3, Birbal Ghasi, took a contract of construction work of one Sukhdeo Mahto. The appellant though wanted to be engaged in the said construction work, he was not taken. On 7.3.1993 at about 9.00 p.m. the deceased Bhola Ghasi, PW -2, Pawan Singh and PW -3, Birbal Ghasi, were near the incompleted house of Sukhdeo Mahto. They were playing 3humar. Koka Ghasi on reaching the place made some sarcastic remarks about the witnesses playing Jhumar. PW -3, Birbal Ghasi, asked him to go home, but they were abused. He was also assaulted by the deceased as well as by PWs -2 and 3. PWs -2 and 3 went away from the place. The deceased entered the house followed by the appellant, who in the meantime brought Ballam from his house, which was nearby and stabbed him. On receiving the stab injury, the deceased Bhola Ghasi fell down and died. Thereafter a complaint was given at the police station, on the basis of which investigation was taken. The dead body was subjected to post mortem by Dr. Jogendra Nath, who was examined as PW -5. The doctor found the following injuries: A. Abrasion: Six injuries of different dimension. B. Stab wound: 2" x 1 cm. x chest cavity over left chest part. 6c.m. inward to left nipple and 9 c.m. below clavicle 4 cm. Away from midline of chest. The weapon has entered into the chest cavity, cutting the 3rd and 4th rib partially; they entered into the inner boarder of left lung into pericardeal sack and apex of left heart. The wound on the heart was (2.5 cm. x 1 cm.) and came out of the heart muscle. There is blood and blood dots in the chest cavity and pericardial sock. The injuries may be caused by Bhala. C. Incised wound: 2 x 1 cm. soft tissue over left upper lip. The doctor issued Ext. 1, the post mortem certificate, with his opinion that the deceased died on account of shock and haemorrhage, due to the stab wound.
(3.) AFTER the completion of investigation, final report was filed and the appellant denied the incriminating circumstances, when they were put against him under Section 313 of the Code of Criminal Procedure.;