N.DHINAKAR,J. - (1.) THE appellants no. 1 to 3 were arrayed as A 1 to A3 before the 2nd Addl. Sessions Judge, Dhanbad. They were tried and convicted under section 302 read with Section 34 I.P.C, for which each one of them was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence.
(2.) THERE was enmity between the first appellant, Hari Bhuiyan and the deceased Suresh Barhi. The son of the first appellant, Hari Bhuiyan, was murdered and the deceased was accused of the said murder. Thereafter, the first appellant, Hari Bhuiyan, was threatening the deceased with his life, which is said to be the motive for the occurrence, which took place on 12.7.1996 at 4.00 p.m. At 4.00 p.m. on 12.7.1996, PW. 6, Lakhan Mistry, was proceeding to meet his son (deceased in this case), who was working in village -Laltenganj in the house of Bowdha Bhuiyan. When he reached a Tea Shop near the Railway Gate, he saw the first appellant quarreling with his son and a scuffle ensued between the first appellant and the deceased and at that time, the second appellant, Sunder Bhuiyan and the third appellant, Krishna Bhuiyan, as well as Dwarika Bhuiyan (juvenile accused whose case was split up) reached the place. On seeing them, the deceased ran, who was then chased by the appellants. The first appellant caught him and pushed him to the ground. The juvenile accused, Dwarika Bhuiyan, caught his hands, while the third appellant, Krishna Bhuiyan, caught his legs and the second appellant Sunder Bhuiyan, cut the neck of the deceased with a Chura. The deceased died at the place. The occurrence was witnessed by PW. 1 Mahesh Mistry, PW. 2 Shadeo Paswan, P.W. 3 Jagdish Mistry, apart from P.W. 6 who is the father of the deceased. The fardbeyan. Ext. 3, was given by PW. 6 at the police station at 5.45 p.m. It was registered as a crime and Ext. 5 is the first information report. After taking up investigation in the crime, inquest was conducted by PW. 8, Bhuneshwar Singh, and inquest report is Ext. 1. After the inquest, the body was sent to the hospital for autopsy.
(3.) ON receipt of the requisition, Dr. D.K. Dheeraj, PW. 7, conducted autopsy and he found the following injuries: - (i) Abrasion measuring 1/2' x 1/4" on the right side of forehead (ii) Abrasion measuring 2" x 1" on the left side of forehead (iii) Abrasion measuring 1/2' x 1/2' on the bridge of nose (iv) Incised wound 5" x 1/2' x bone deep in front of neck cutting big vessels, trachea and esophagus. (v) Incised wound 1/2' x 1/4" x muscle deep on upper and right sternmasteroid muscle. (vi) Incised wound 1" x 1/4" into scalp deep placed 3.4" behind right mastoid. (vii) Linear cut measuring 1 1/4" x muscle deep placed 1/4" apart on the palmar surface of the left thumb." The Doctor issued Ext. 4, the post mortem certificate, with his opinion that death is on account of shock and asphyxia due to the injury, namely, injury no. (iv).;