- (1.) THE accused appeals.
(2.) THE appellant was tried for an offence under Section 302 I.P.C. The allegation against him in the charge is that he caused the death of Devi Besra D1, Mangal Marandi D2, Sunita Hembrom D3, Sunita Besra D4 and Manjhali Baski D5 at about 11.00 p.m. on 11.1.2003. The Trial Judge, on the oral and documentary evidence, finding the appellant guilty, sentenced him to death, which is being challenged in the appeal. The Death Reference is by the Sessions Judge for confirmation of the said death sentence and both are being disposed of by the following common judgment. P.W. 1 Sabina Kiskoo is the wife of P.W. 2 Somai Besra. The appellant Matkoo Marandi is the father of Mangal Marandi D2. The appellant and the prosecution witnesses were residing in the village Hathmari Rasik Tola within the police limits of Barhait in Sahibganj district. On 11.1.2003 at 11.00 p.m., the appellant along with Devi Besra D1, who is his niece, and his son, Mangal Marandi D2, went to the house of P.W. 2 Somai Besra. He wanted to know from P.W. 1 as to the whereabouts of his wife. P.W. 1 informed the appellant that she has no idea about the whereabouts of the appellants wife. The son of P.Ws. 1 and 2 came out of the house. Thereafter the appellant along with Mangal Marandi D2 entered the house of P.W. 2. In the house, Devi Besra D1, Sunita Hembrom D3, Sunita Besra D4 and Manjhali Baski D5 were staying. The appellant on entering the house bolted the door from inside. P.W. 2 heard the cries of Devi Besra D1 and peeped through the hole. He found the appellant cutting Devi Besra D1, Sunita. Hembrom D3 and Manjhali Baski D5. Sunita Besra D4, grand -daughter of D3, fell down from the lap of Sunita Hemrom D3. When Mangal Marandi D2 started weeping, the appellant also inflicted injuries on him. On hearing the cries of P.Ws. 1 and 2, P.W. 4 Sallu Besra, P.W. 7 Burka Hansdal, P.W. 8 Banjamin Besra and P.W. 10 Rupchandra Besra rushed to the house and found the appellant inside the house. They sent information to the police and after the arrival of police, the tiles of the roof were removed. They found the dead bodies inside the house and the appellant was also in the house. He was taken into custody. Ext. 4, fardbeyan, was given by P.W. 2 Somai Besra at 11.00 a.m. on 12.1.2003, on the basis of which a formal F.I.R, Ext. 5, was registered at the police station. The Investigation Officer, P.W. 12 Lalan Kumar Singh, took up investigation in the crime and conducted inquest over the dead bodies and the inquest reports are Exts. 3, 3/1, 3/2, 3/3 and 3/4. After the inquests, the bodies were sent to the hospital for post mortem.
(3.) ON receipt of the requisition, P.W. 3 Dr. Bhagwat Murandi conducted autopsy on the dead bodies of Devi Besra D1, Sunita Hembrom D3 and Manjhali Baski D5. He conducted autopsy on the dead body of D1 Devi Besra and found the following injuries: (i) Sharp cutting wound on head on right parietal region -size 4" " 1" (ii) Sharp cutting wound on mid head -size 5" 1" 1" (iii) Multiple sharp cutting injuries on right leg below knee joint with compound fracture of Tibia and Fibula. The Doctor issued Ext. 1/1, the post mortem certificate, with his opinion that death is on account of shock and hemorrhage due to injuries to brain. He conducted autopsy on the dead body of D3 Sunita Hembrom and found the following injuries: (i) Sharp cutting wound on right, side of face -size 4" 1" " (ii) Sharp cutting wound on right side of forehead and parietal region -size 5" " " On dissection, the Doctor noticed fractures of underlined bones. The Doctor issued Ext. 1/2, the post mortem certificate, with his opinion that death is on account of shock and hemorrhage due to injuries to brain. He also conducted post mortem over the dead body of D5 Manjhali Baski. He noticed the following injuries: (i) Crushed lacerated wound on head and face. (ii) Lacerated wound on right knee with fractured underlined bone The Doctor issued Ext. 1, the post mortem certificate, with his opinion that death is on account of shock and hemorrhage due to the injuries to brain. ;