- (1.) The accused appeals.
(2.) The appellant, Rajdeo Singh @ Bhanjan Singh @ Manjan Singh, was tried and convicted under section 302 and on being convicted, he was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence.
(3.) The facts necessary to dispose of this appeal are as follows: Lalita Kumari, deceased in this case, is the daughter of P.W.4, Beni Sahu. P.W.8, Gita Devi, is the mother of the deceased. P.W. 1, Jitan Kumari, is the friend of the deceased. The deceased and Jitan Kumari, P.W. 1, went to Jungle at about 3.00 p.m. on 14-4-1994 to collect dead woods. After collecting dead woods, they were returning to their house with bundles of wood on their head. When they were on their way to the house, the appellant appeared before them and caught hold of the hands of Lalita Kumari. The deceased protested. The appellant took out a dragger from his waist and inflicted stab injuries on various part of her body including her neck. The deceased fell down crying, but the appellant continued to attack her and inflicted 8 or 10 injuries on her persons. On seeing dastardly attack on the deceased, P.W. 1 ran towards the village. On reaching the village, she informed P.W. 4 Beni Sahu, father of the deceased, P.W.8, Gita Devi, mother of the deceased and P.W. 2, Ramdhani Sahu, a villager, P.W. 3, Tarkeshwar Sahu and then P.W. 7, Ram Sewak Sahu. She narrated the whole incident to them. They went to the place and thereafter P.W. 1 gave the fardbeyan, Ext. 2, at the police station at 5.30 p.m. This was registered as a crime and investigation was taken up by P.W. 5, Niranjan Mandal. He conducted inquest over the dead body of Lalita Kumari by preparing inquest report, Ext. 3. The Police Officer, after conducting inquest, sent the dead body to the hospital for post mortem, on receipt of which, P.W. 12, Dr. Arun Kumar, conducted autopsy on the dead body and found the following injuries:- "STAB WOUNDS:-- (i) 3 x 1 x 4 cm on left lateral neck upper part; (ii) 3 x1 x 3 cm on left lateral neck middle part, (iii) 1 x 1/2 x 1 1/2 cm left cheek (iv) 1 x 1/2 x 1 1/2 cm left chest front upper part (v) Perforating wound:- (a) wound of entrance 03 x 1 cm on left lateral arm middle part. The weapon passed through soft tissues made an exit would 1 x 1/2 cm on left arm medial side upper part; (b) wound of entrance 3 x 1 cm on left wrist back. The weapon passed through soft tissues and made an exit wound 2 x 1 cm on left wrist midial side, (vi) 2 x 1 cm x cavity deep on left chest back. The weapon passed through soft tissues and entered into left lung. (vii) 2 1/2 x cavity deep on right chest back. The weapon passed through soft tissues and entered into right lung & (viii) 2 x 1 cm x cavity deep, 3 x 1 cm x cavity deep, 2 1/2 x 1 cm x cavity deep, 2 x 1 cm x cavity deep on back of trunk lower part. The weapon passed through abdominal wall and entered into small intestine and mesentery. There was presence of blood and blood clot in thoraco abdominal cavity" The Doctor issued Ext. 5, the post mortem certificate, with his opinion that death is on account of shock and hemorrhage due to the injuries and that the said injuries would have been caused by a sharp cutting weapon and possibly by knife.;