R.R.PRASAD, J. - (1.) Appellant was put on trial on the accusation of committing murder of his elder brother Mangru Gwala. The trial court having found the appellant guilty for the said charge convicted him for the offence punishable under Section 302 of the Indian Penal Code vide its judgment dated 29.01.2005 and sentenced him to undergo imprisonment for life vide its order dated 29.01.2005 passed in Sessions Trial No.311 of 1993.
(2.) The case of the prosecution, as has been projected in the fardbeyan (Ext.2), is that while the informant Bimla Devi, the wife of the deceased, was in her house, the appellant, the younger brother of her husband, came in the evening on Friday i.e. on 30.04.1993 and made an attempt to outrage the modesty of the informant Bimla Devi. At that point of time, the appellant came as a result of which the appellant went away but before that, he extended threat to the appellant that he would kill him. On the next day i.e. on 01.05.1993, while the deceased was sleeping over the cot in the evening at about 4'O clock, the appellant came and gave Baluwa blow over the chest of the deceased causing injury in which Baluwa got stuck. The appellant made the deceased to fall on the ground. Meanwhile, the informant Bimla Devi (P.W.4) raised alarm upon which Punia Gwala came, who made an attempt to caught hold of the appellant but appellant succeeded in fleeing away.
(3.) On the next day i.e. on 02.05.1993 S.I, Abdul Mozib posted at Simdega Police Station when came to the house of the informant he recorded the fardbeyan (Ext.2) of Bimla Devi (P.W.4), who narrated about the incident as has been stated above. On the basis of said fardbeyan, a formal F.I.R. (Ext.1) was drawn and a case was registered against the appellant. The I.O. in course of investigation held inquest on the dead body and then sent the dead body for post-mortem examination, which was conducted by Dr. Arun Kumar Singh (P.W.9), who upon holding the autopsy did find the following injuries:- (i) One incised wound situated on left side of thorax starting from mid portion of sternum laterally to mid portion of left anterior axillary fold passing deep to thoracic cavity size 18 c.m. X 6 c.m. X deep to thoracic cavity. On opening thoracic cavity, cavity was found full of blood and there was incised wound on anterior surface of left lung corresponding to external injuries. (ii) One incised wound on flexor surface of left thumb size 2.5 c.m. X 1 c.m. X 0.5 c.m. (iii) Abrasion on left palm. According to the doctor, injury nos.1 and 2 were caused by sharp cutting weapon whereas injury no.3 was caused by blunt weapon, which may be possible by fall. The doctor issued postmortem examination report (Ext.5) with an opinion that death was caused due to Syncope from excessing haemorrhage due to rupture of lung caused by injury No.1. ;