Virender Singh,C.J. - (1.) In all, three accused namely, Hiro Soren and Debilal Soren, sons of Jhapar Soren and their father Jhapar Soren faced the trial for charge under Sections 302/34 IPC for allegedly causing death of Shivlal Soren, husband of P.W. 5, the first informant on 02.07.1986 in Jamkanali, falling within Police Station-Amrapara, in which connection the First Information Report was lodged by his wife P.W. 5 on 08.07.1986 after the delay of six days in the said police station being, Amrapara P.S. Case No. 13 of 1986 under Section 302/34 IPC. Virtually the case of the prosecution is hinging upon the statement of the sole eyewitness (P.W.5, the wife of the deceased) whose version has been believed by the learned trial court resulting into conviction of all the three accused under Section 302/34 IPC vide impugned judgment dated 04.03.1991 of Additional Sessions Judge, Pakur. Aggrieved thereof, the present appeal.
(2.) The case of the prosecution in brief, as one finds from the first information lodged by the P.W.5, is that, on the fateful day i.e. on 02.07.1986 at about 5 P.M. accused Hiro Soren asked the deceased (Shivlal Soren) as to who had washed the neem seeds in his lowland and when the deceased denied doing that, the accused challenged him to come out from the courtyard and when the deceased came out Hiro Soren put him down to the ground. It is the case of the prosecution that at the exhortation of Jhapar Soren, Debilal Soren assaulted Shivlal Soren with lathi at the right side of his chest and before he could give another blow to the deceased, P.W. 5 caught hold of the lathi. Thereafter, all the three accused persons snatched the lathi from P.W.5 and fled away from the scene of occurrence. P.W.5 then brought her husband to the house and on the next day with the help of one Parmeshwar Hansda (P.W.2) took the deceased to Mission Hospital where he was admitted and treated. On 08.07.1986, the injured succumbed to the injuries in the hospital. It is after his death that the case was registered which after the investigation culminated in filing of the challan against all the three accused for the charge under Section 302/34 IPC, for which they faced the trial and stand convicted.
(3.) In all, prosecution has examined six witnesses. P.W.1 Dr. Sheo Kumar Gupta who conducted the autopsy on the dead body of the deceased found froth coming out from the mouth of the deceased. According to him it was a decomposed body but at the same time he noticed presence of rigor mortis over the dead body. One operational scar on abdomen, size 5 x 11/2 , and black and blue mark on the right side of the thorax were noticed by him. P.W.2 Parmeshwar Hansda took the deceased to the hospital along with his wife. P.W. 3 Nil Muni Soren was declared hostile whereas, P.W.4 Chunu Tudu was tendered witness, therefore, these two witnesses are of no advantage to the prosecution. P.W. 5 is the star witness of the prosecution and she is the wife of the deceased. She, in fact, supported the prosecution case in one manner or the another and stated that Hiro Soren was fighting with her husband and in the meantime, accused Debilal Soren came with lathi and assaulted the deceased on his rib. She further stated that Hiro Soren and Jhapar Soren were also present with Debilal Soren and when she caught hold of the lathi they assaulted her also and fled away. It needs to be mentioned here that P.W.5 has not been medically examined after the occurrence, till she lodged the report.;