- (1.) BY Court. The appellants were arrayed as A -3, A -2, A -7, A -5 and A -6 respectively before the 5th Additional Sessions Judge, Dumka alongwith three other accused, A -1, A -4 and A -8. They were charged under Section 396 of the Indian Penal Code, on the allegation that while committing dacoity in the house of Suku Marandi, PW -8, they caused the death of Munnu Soren, who was the servant of Suku Marandi, when he intervened, by throwing a bomb. The Trial Judge, on the evidence adduced, while acquitting Neeruddin Sk., A -1, Jyotin Murmu, A -4 and Walang Mahli, A -8, found the appellants guilty and sentenced each one of them to imprisonment for life. Hence, the appeal.
(2.) IN this judgment, the acquitted accused and the appellants will be referred as A -1 to A -8, in the same order, as they were arrayed before the Sessions Judge, for the sake of convenience. On 3.4.1986 at about 6.00 p.m., PW -8, Suku Marandi, was in the house and his wife, Dular Baski, PW -3, was cooking meals. At that time, all the accused entered the house and removed utensils, radio, ornaments, clothes and cash of Rs. 100/ -. They were heard speaking Hindi. On seeing this, Munnu Soren, the deceased, attempted to prevent them and one of the accused threw a bomb, as a result of which Munnu Soren suffered an injury and died sometime thereafter. The witnesses, namely, PW -3, the wife of PW -8, PW -5, the another servant of PW -8 as well as PW -8 saw the faces of the accused with the help of earthen lamp which was burning in the house. Thereafter, Fardbayan, Ext. 4, was given at the police station, which was registered as an FIR, Ext. 5. Investigation was taken up, during which inquest was conducted and the body was sent for post mortem by the Investigating Officer with a requisition.
(3.) ON receipt of the requisition, PW -1, Dr. S.S. Daruka, conducted autopsy on the dead body of Munnu Soren and he found a lacerated wound 12" x 10" x bone deep over back of the chest extending from right infrascapular region down to sacra coxigial joint. Surface of the wound was found to be dotted with black spots and surrounding area was charred black. On dissection, the doctor found fracture of all the lumber and sacral vertebrae. On further dissection, the doctor noticed laceration of spinal cord. The doctor also noticed lacerated injury in the abdominal cavity affecting right lobe of the liver and right kidney. The doctor issued Ext. 1, the post mortem certificate, with his opinion that the death is on account of shock and haemorrhage, as a result of the injuries and the said injuries are sufficient in the ordinary course of nature to cause death.;