- (1.) THE appellants were arrayed as A -1 and A -2 before the Sessions Judge, Gumla. They were tried for the offences punishable under Sections 302, 201/34 of the Indian Penal Code on the allegation that on 7.6.1987 they caused the death of the deceased, Rojan Mian by beating him with a hammer and thereafter, burried the dead body in the mud at the brick kiln, where he was working with his wife, Munna Bibi, the 2nd appellant herein.
(2.) THE Trial Judge finding the appel -lants guilty of the charges, while sentencing each one of them imprisonment for life under Section 302 of the Indian Penal Code, sentenced each one of them to undergo imprisonment for a period of three years rigorous imprisonment under Section 201 of the Indian Penal Code. Hence, the present appeal. The 2nd appellant, Munna Bibi, is the wife of the deceased Rojan Mian. The deceased Rojan Mian and the 2nd appellant, Munna Bibi were working as labourers at a brick kiln of which PW -1 was the owner. PW -4 is the son of Farzan Mian. On 15.6.1987. one Mubarak Mian, who was working in the brick kiln, met PW -4, Kurban Mian, brother of the deceased, and wanted to meet the deceased. PW -4, in turn, informed Mubarak Mian that his brother has not come back to his house. Mubarak Mian went away from the house. PW -2, Shamim Mian and PW -4 thereafter proceeded to brick kiln at Asni to find out the whereabouts of his brother, Rojan Mian, who could not be found. They stayed at Gumla for some days and during that period they were searching for the deceased. Later, on returning home, they found Munna Bibi, the 2nd appellant, who in presence of two witnesses, was asked to give a statement and then, according to the prosecution, she stated that her husband was murdered and his dead body had been -burried in the mud. Fardbayan, Ext. 2, was given by PW -4 to the police and investigation was taken up. On taking up of investigation, PW -8 conducted inquest by preparing the inquest report, Ext. 3. After the inquest, the body of the deceased was sent to the hospital with a request to the doctor to conduct autopsy on the dead body of Rojan Mian. On receipt of the requisition, PW -7, the Medical Officer, conducted the autopsy and he found the following injuries: (i) Fracture of right frontal bone 4" x 2". Brain matter was liquified. (ii) Fracture of left 2nd, 3rd and 4th ribs. (iii) Stomach contained undigested food materials. The doctor issued post mortem certificate, Ext. 1. In his opinion, the death could have been caused on account of the injuries and the said injuries could have been caused with a hammer, as there was fracture on the right frontal bone and that there was also fracture of 2nd, 3rd and 4th ribs.
(3.) AFTER completion of investigation, the final report was filed against the appellants.;