- (1.) SINCE Mr. Ram Priya Saran Singh who had been appointed as amicus curiae by the Patna High Court is not present in Court when the appeal is called out for hearing, we appoint Mr. Rajan Raj as amicus curiae to assist the Court.
(2.) THE appellant, Dheby Ghatwar, on being tried under Sec.302, Indian Penal Code was sentenced to imprisonment for life by the trial Court and hence this appeal. Jasi Kisku is the mother of deceased Talamayee Tudu. The deceased, Talamayee Tudu and Boila Tudu, the informant were residing in village Durgapur. The deceased developed relationship with the appellant and they used to move freely with each other. Nobody raised any objection for the deceased moving with the appellant as it is the custom in their community if they fall in love with each other. On 29.5.1985 the deceased accompanied by PW 4 Chhami Kisku, PW 6 Fulmani Hansda and PW 8 Buddin Marandi, were returning to the village after completing their job in the field. When they were near village Gosiapur on the way to their village, at about 7.30 or 8.00 p.m. the appellant on seeing them asked deceased Talamayee Tudu to accompany him. The deceased Talamayee Tudu willingly went with the appellant. PWs 4, 6 and 8 never took the said conduct of the deceased going with the appellant as suspicious as it is the custom in their community for the lovers to live together. PW 7 Jasi Kisku, the mother of the deceased was not in the village on the said date. When she returned to her village on 30.5.1985 she did not find her daughter in the village. She was informed by PWs 4, 6 and 8 that the deceased on the previous evening left with the appellant. Later the dead body of the deceased Talamayee Tudu was seen in the village. The villagers assembled and thereafter, fardbeyan (Ext. 4) was given on the basis of which the FIR (Ext. 3) was registered. Investigation of the crime was taken up and inquest was conducted. The dead body was sent for post -mortem examination.
(3.) ON receipt of the dead body, PW 1 Dr. Ramesh Chandra Jaiswal conducted autopsy on the dead body of Talamayee Tudu and he found the following injuries : (i) One Sharp cutting injury on the left parietal region on the scalp 2" x. 1" x bone deep leading to fracture of parietal bone of which the lower fragment piercing the brain. (ii) One lacerated wound on the pinna of right ear 2" x 1/2". (iii) One abrasion on Zygometic process of the right side 2" x 1". The doctor issued post -mortem certificate (Ext. 1) with his opinion that the deceased could have died on account of intracrannital haemorrhage due to injury No. (i).;