- (1.) THE appellants, Lachhu Munda and Lodro Munda, were arrayed as A1 and A2 and tried and convicted under Section 302 read with Section 34 I.P.C. The allegation against them is that they, in furtherance of their common intention, caused death of Budhu Munda (D1) and his wife, Johni Mundain (D2), at 7.00 p.m. on 24.10.1995, by beating them by Dhelforwa (a mace like heavy wooden object used for breaking big pieces of earth in the field). The Trial Judge, finding them guilty, sentenced each one of them to imprisonment for life. The appeal is against the said conviction and sentence.
(2.) THE son of Lachhu Munda fell sick and died a few days prior to the date of incident and the first appellant was suspecting that Budhu Munda and Johni Mundain have practised witchcraft to cause the death of the newly born child. On 24.10.1995 at about 6.00 p.m., when Etwari Mundain, P.W.7, was returning to her house, the first appellant, Lachhu Munda, catching hold of her, pressed her neck and she saw the second appellant, Lodrao Munda, present there and Budhu Munda, D1, standing near the boundary wall of the house. The first appellant, Lachhu Munda, who initially held Etwari Mundain, left her and went towards Budhu Munda followed by Lodro Munda. Luchhu Munda, taking Dhelforwa, beat Budhu Munda, D1, on the head with considerable force. Budhu Munda fell down after receiving injury. Lodro Munda, A2, it is alleged, pressed the neck of Budhu Munda, D1. At that time, Johni Mundain, wife of Budhu Munda, intervened to save her husband and the first appellant, Lachhu Munda, also beat her with the same weapon. She suffered injuries and fell down. Both of them died. The occurrence was witnessed by P.W. 1, Andi Mundain, P.W.2, Laxmi Mundain, daughters of D1 and D2, and P.W.7, Etwari Mundain, who was present at the place. The Sub -Inspector, on hearing certain rumours about the death of two persons in the village, went to the village where the occurrence had taken place. P.W.7, Etwari Mundain, gave fardbeyan, Ext.7, on the basis of which a crime was registered at the police station. Investigation in the crime was taken up and the Officer conducted inquest over the two dead bodies. Ext.3/2 is the inquest report in respect of D2 and Ext.4/2 is the inquest report in respect of D.1 After the inquest, the two dead bodies were sent to the hospital for autopsy. On receipt of the requisition and the dead bodies, P.W.4, Dr. A.D.N. Prasad, conducted autopsy on the dead body of Johni Mundain, D2, and he found the following injuries: 1. Depressed fracture of the skull on occipital lobe with large amount of clotted blood inside the cranium. 2. Right side of the face was slightly edematous (swollen) with swelling of the eye lids . The Doctor issued Ext.5, the post mortem certificate, with his opinion that death is on account of shock and hemorrhage on account of the injury No. 1.
(3.) THE autopsy over the body of Budhu Munda, D1, was conducted by Dr. Hemant Kumar, P.W.8. He found the following injuries: (i). Lacerated injury 2" x 1/2" x 1/4" over left occipital region of head. (ii). Bruise 2" x 2" over right temporal region of head with fracture of underlying bone. Brain matter congested, blood clot present. (iii) Depressed fracture right occipital region of head. Brain matter congested, blood clot present. (iv) Lacerated injury 2" x 1" x 1" over middle of occipital region of head with fracture of underlying bones. Brain matter congested, blood clot present. (v) Lacerated injury 3/4 x 1/2" x 1/2" over forehead above right eye. (vi) Bruise 1" x 1" over right upper eyelid region. The Doctor issued Ext.6, the post mortem certificate, with his opinion that the injury Nos. (ii), (iii) and (iv) are sufficient to cause death in the ordinary course of nature.;