- (1.) The appellants two in number were arrayed as A- 1 and A-2 in Sessions Trial No. 389/1997 before the 3rd Addl. Sessions Judge, Jamshedpur. They were charged under Section 302 read with Section 34, IPC on the allegation that at 2.00 p.m. on 10.6.1997, they, in furtherance of the common intention of each other, inflicted injuries on Budhu Kaibarta, on account of which he died. The trial Judge, on the evidence adduced, both oral and documentary', finding the appellants guilty as charged, sentenced each of them to imprisonment for life. The present appeal is against the said conviction and sentence.
(2.) The facts necessary to dispose of this appeal are as follows : Budhu Kaibarta was the resident of village - Nagra. The appellants were also the residents of the same village. PW 5, Shruti Kaibarta, is the wife of the deceased, PW 6, Lakshmi Kaibarta, and PW 8, Sumitra Kaibarta, are the daughters of the deceased. PW 7, Surajmani @ Surju Kaibarta is the sister of the deceased and PW 10, Baltan Kaibarta, is the brother of the deceased. Kali Kaibarta (who died pending trial) is the father of the deceased. On 10.6.1997. Josho Kaibarta, sister of the first appellant - Arun Kaibarta, and the deceased, Budhu Kaibarta, quarrelled with each other. A few minutes thereafter the appellants reached the house of the deceased and questioned him as to why he quarrelled with the sister of the first appellant. Then an altercation took place between them. The appellants were having farshas in their hand and seeing the farshas in their hands, Budhu Kaibarta ran towards Gurmu river, which was on the eastern side of the house. The appellants chased him with farshas in their hand. While the deceased was crossing the house of the first appellant an injury was inflicted upon him. The deceased ran further and crossed the river and the appellants ultimately caught him. The deceased was assaulted indiscriminately by both the appellants with farshas. The occurrence was witnessed by PWs 5, 6, 7, 8 and 10 who also ran behind the appellants and the deceased. After the attack, the deceased fell down and the appellants ran away from the place. The fardbeyan, Ext. 4, was given to the police authorities, on the basis of which a crime was registered. PW 11, Bijendra Prasad, took up investigation in the crime. He conducted inquest over the dead body of Budhu Kaibarta by preparing inquest report, Ext. 5. After the inquest, the body was sent to the hospital with the requisition.
(3.) On receipt of the requisition and the dead body, Dr. Lalan Choudhaiy, PW 9, conducted autopsy and found the following injuries:- (A) Incised wounds of size (1) 8 c.m. x 1.5 c.m. x bone deep over left frontal region, (2) 7 c.m. x 6 c.m. x bone deep over forehead cross type over forehead; (3) 8 c.m. x 3.5 c.m. x 2 c.m. over medial aspect of upper part of left arm, (4) 4 c.m. x 1.5 c.m. x 3 c.m. between left thumb and index finger, (5) 5 c.m. x 2 c.m. x 1 c.m. over back of right shoulder (6) 10 c.m. x 3 c.m. x 1 c.m. over right scapular region. (B) Abrasions (1) 1 c.m. x 1 c.m. over left elbow, (2) 10 c.m. x 5 c.m. transversally over left side waist, (3) 6 c.m. x 1 c.m. and 8 c.m. x 1 c.m. transversally over back of right chest lower part, (4) 1 c.m. x 1 c.m over preliminary part of right arm. On dissection - Skull - left temporal and frontal region contused - left temporal is muscle incised cut - fracture of size 9 c.m. of frontal bone and 4 c.m. x .25 c.m. over left parietal bone. Brain matter pale." The doctor issued Ext. 3, the post-mortem certificate, with his opinion that death is on account of shock and hemorrhage due to the injuries and that injuries mentioned in (A) would have been caused by sharp cutting weapon and that injuries mentioned in (B) would have been caused by hard and blunt substance.;