R.R.PRASAD, J. - (1.) THE appellant, Ram Oraon, was charged under 302 read with Section 34 I.P.C by the 3rd Addl. Judicial Commissioner, Ranchi. The allegation against him is that on the night of 10.12.1992, he, in furtherance of the common intention of Suleman Khalko, attacked the deceased, Bhikuram Oraon, with a sharp cutting weapon, on account of which the said Bhikuram Oraon died. The Trial Judge, finding the appellant guilty, sentenced him to imprisonment for life, which is under challenge in this appeal.
(2.) ON 10.12.1992, the deceased Bhikuram Oraon, P.W.1 Jaikan Oraon, P.W.2 Bhagwan Oraon and P.W.3 Meghu Oraon, all residents of village - Jikhi, went to attend a party. They had their dinner and at about 9.00 p.m., the deceased went out of the house to attend calls of the nature followed by P.W.2. After sometime, P.W.2 came back and informed P.Ws.1 and 3 that the deceased is being attacked. P.Ws. 1 and 3 accompanied by P.W.2 went out of the house and found the deceased being assaulted by the appellant and other person. On seeing the witnesses, the appellant ran away. Thereafter, the injured was taken to the hospital. The statement, Ext.2, was given by P.W.3, Meghu Oraon, at 3.00 a.m. at the hospital on 11.12.1992 regarding the occurrence, on the basis of which a crime was registered and investigation was taken up by the Police Officer. The inquest was conducted and requisition was given to the medical authorities for conducting autopsy on the dead body. On receipt of the requisition, P.W.5, Dr. Tulsi Mahto, conducted autopsy and he found the following injuries: (a) Incised wound all stitched 13 c.m. long on the right tempo parietal region over the head situated anterior portion or chipping the right parietal temporal bone under moth only the outer fable is involved only 4 c.m. 1/2 c.m. area. (b) 7 c.m long on the right cheek starting from the right angle of mouth cutting right side of underlying bone mendusal. (c) 5 c.m. long on the right cheek cutting the underlying bone partially maxillia. (d) 7 1/2 c.m. long 6 1/2 cm on the left crepetal region of the head cutting the underlying bone and bring matter partially. (B) Incised wound not stitched (I) 6 cm x 2 cm into bone deep over the right scapular region cutting the underline bone partially. (II) Linear cut involving the skin of 7 cm in length on the left scapular region. The Doctor issued Ext.3, the post mortem certificate, with his opinion that the incised injuries would have been caused by sharp cutting weapon, such as Tangi.
(3.) AFTER the completion of investigation, final report was filed by P.W.6, the Officer who took up investigation from the Officer who earlier conducted investigation. The appellant denied all the incriminating circumstances, when he was questioned under Section 313 Cr.P.c.;