- (1.) APPELLANTS , two in number, were tried before the 1st Addl. Sessions Judge, Dumka in Sessions Case No. 31 of 1986/16 -A of 1989. The 1st appellant, Munna Pandey was charged under Sections 302/307 of the Indian Penal Code, on the allegation that he caused injuries to deceased Umesh Prasad Sah and also attempted to murder PW 5, Umesh Prasad Gupta during the course of same transaction. The 2nd appellant Bhim Mandal was charged under Sec.302/34, Indian Penal Code as well as 324, Indian Penal Code on the allegation that he shared the common intention of the other in causing death of the deceased by inflicting injuries to Bahadur Turi, PW 9 when he went to rescue the deceased Umesh Prasad Sah. Learned trial Judge finding the 1st appellant guilty under Sec.302/34, Indian Penal Code sentenced him to rigorous imprisonment for life and also found him guilty under Sec.307, Indian Penal Code for which he was sentenced to five years RI. The 2nd appellant, on being found guilty as charged was sentenced to rigorous imprisonment for life under Section 302/34, Indian Penal Code and for the offence punishable under Sec.324 for causing injuries to PW 9 he was sentenced to one -year 'srigorous imprisonment. The present appeal by the accused/appellant is against the said conviction and sentence.
(2.) THE facts are as follows : The deceased Umesh Prasad Sah was going towards market alognwith the informant, PW 5, Umesh Prasad Gupta and PW 9 Bahadur Turi. Both the appellants suddenly jumped from rickshaw coming from the market side and started assaulting the deceased Umesh Prasad Sah with a dagger. When the witnesses went to rescue the deceased, PW 5 was attacked with a knife by the 1st appellant, Munna Pandey and the 2nd appellant, Bhim Mandal assaulted PW 9 Bahadur Turi and caused injuries. PW 5 Umesh Prasad Gupta and PW 9 Bahadur Turi ran away from the place. The appellants also ran away from the place. After running from ' the scene of occurrence both PWs 5 and 9 appeared before PW 1, Sitaram Sah, Medical Officer attached to Sadar Hospital Dumka. On examination. Dr. Sitaram Sah found the following two injuries on the person of PW 5. (i) Incised wound 1 -1/2" x 1/4" x 1/4" over right side of abdomen. (ii) Incised wound 1/4" x 1/4" 1/4" over left side of chest. The doctor issued injuries report Ext. 2. He also examined PW 9 and found incised wound 1" x 1/2" over gluteal region. According to the doctor injuries caused to PWs 5 and 9 were simple in nature. The injury report in respect of PW 9 is marked as Ext. 2/1.
(3.) IN the meantime, PW 10. Binod Bihari, Officer incharge of the Dumka P.S. on receipt of information over phone from the hospital that two persons had come for treatment, rushed to the hospital where he found PW 5 and PW 9. PW 5 gave him Jardbeyan which stands marked as Ext. 4 in this case. Thereafter, the same was registered as a FIR. He directed PW 8 Jagarnath Mishra to conduct investigation and on his direction PW 8 conducted inquest over the dead body of the deceased and prepared the inquest report (Ext. 8).;