R.R.PRASAD,J. - (1.) All the five appellants were put on trial for the charges under section 302/34 and 324/34 of the Indian Penal Code for committing murder of Sukhchand Kora in furtherance of their common intention and for causing hurt to Rashmuni Kuri, the informant (P.W.10) by dangerous weapon. The trial court having found the appellants guilty convicted each of them to undergo sentence life imprisonment under section 302/34 of the Indian Penal Code. However, no separate sentence was passed against the appellants under section 324/34 of the Indian Penal Code, though they were found guilty for the said offence.
(2.) THE case of the prosecution is that on 10.11.1998 at about 6 -7 A.M. one Sukhchand Kora cousin brother -in -law (Chachera Bhaisur) of the informant Rushmuni Kuri (P.W.10) was going towards a pond for easing himself when he reached at a field situated north to the house of the informant, the appellants armed with lathi, bow and arrow accosted Sukhchand Kora over there and started assaulting him. On seeing this, the informant Rushmuni Kuri (P.W.10), Shibmati Kuri (P.W.6) reached there and tried to intervene in the matter but the appellant Kadam Kora gave a blow by a sickle and the appellant Shivlal Kora gave lathi blow as a result she sustained injuries on her right elbow and on her head. At the same time Sukhchand Kora on being assaulted by all the accused persons sustained severe injuries and died. Thereafter the appellants fled away. Further case of the prosecution is that on the same day at about 11 A.M. some information was received at Maheshpur Police Station that some unpleasant occurrence has taken place at Sitarampur village. Upon which entry was made in the station diary and then Officer -in -Charge Naresh Chandra Mishra (P.W.11) along with Sub -Inspector of Police Kamleshwar Mishra (P.W.12) came to the place of occurrence at about 11.30A.M. and found the dead body of Sukhchand Kora lying over there and recorded the fardbeyan (Ext.3) of Rashmuni Kuri (P.W.10) at about 12 Oclock. Upon which a case was registered and a formal First Information Report (Ext.7) was drawn and the matter was taken up for investigation by the Investigating Officer Kamlesh Singh who held inquest on the dead body and prepared an Inquest Report (Ext.5). The Investigating Officer found three arrows and one farsa at the place of occurrence which were seized along with blood stained earth under a seizure list (Ext.4). Subsequently, the dead body was sent to Sub -divisional Hospital, Pakur for post mortem examination. Thereafter Dr. Sushil Kumar Malhotra (P.W.1) did autopsy on the dead body on 11.11.1998 at 2.30 P.M. and found the following ante mortem injuries: (i) A punctured wound 2 - 1/2  x 1 - 1/2  x viscera deep and expulsion of part of omeutum through it over left hypochondrium. (ii) A punctured wound 1  x 1/2 " x abdominal cavity deep over left hypochondrium. (iii) A punctured wound 1/2 " x 1/2 " x abdominal cavity deep over right iliac region. (iv) sharp cut wound 3  x 1/2 " x bone deep over right shoulder and partially cutting of acrominal process of right seapnla. (V)Sharp cut 1  x 1/2 " bone deep and cutting of 8th and 9th rib of right side posterior over right infrascapulor region. (VI)Sharp cut 3  x 1/2 " scalp deep over vertex. (VII)Sharp cut 2  x 1/2 " x scalp deep over right parietal region (VIII) Sharp cut wound 1/2  x 1/2 " x cutting of bone through and through at the level of root of left thumb. (IX)Sharp cut wound 1/2 " x 1/2  over base of right thumb. Apart from these injuries, right side of lung was found punctured and liver was also found cut size 1/2 " x ¼ ". Doctor issued post mortem examination report (Ext.1) with an opinion that injuries were caused by sharp cutting weapon such as " Hasua  and the death occurred due to shock and haemorrhage caused by aforesaid injuiries.
(3.) IN course of investigation, the Investigating Officer also got the informant Rashmuni Kuri examined by Dr. Vijay Kumar Thakur (P.W.13) on 10.11.1998, who found following injuries on her person. " Incised wound 2  x ¼ " x ¼ " just above right elbow laterally. Nature of the injury was found to be simple caused by sharp cutting weapon. Accordingly, he issued injury report (Ext.8). ;