- (1.) THE sole appellant was put on trial along with Ranjit Xalxo and Basudeo Ram for committing murder of Nageshwar Prasad Sahu. On being found guilty, the appellant as well as Ranjit Xalxo were convicted under section 302/34 of the Indian Penal Code whereas Basudeo Ram was convicted under section 302/120(B) of the Indian Penal Code. All of them were sentenced to undergo imprisonment for life.
(2.) THE prosecution case is that the informant Niranjan Lal Sahu (P.W.4) while was taking tea on 14.1.1996 at village Birkera, Nageshwar Prasad Sahu riding a motor cycle came at about 11.30 A. M. over there where Suresh Singh (P.W.2), servant of Nageshwar Prasad Sahu, was present from before. Thereafter Nageshwar Prasad Sahu riding his own motor cycle and the informant Niranjan Lal Sahu as also Suresh Singh on another motor cycle left for Mokra Bazar and they were going ahead on Nageshwar Prasad Sahu. While they proceeded slightly ahead from Ghatiagarha, they saw two persons coming in playful mood from opposite direction and after some times they heard sound of firing, upon which the informant Niranjan Lal Sahu stopped his motor cycle and then Suresh Singh ran towards the opposite direction and found Nageshwar Prasad Sahu lying on the road dead. At that moment, two persons were seen running away. On finding Nageshwar Prasad Sahu dead, Suresh Singh (P.W.2) started raising alarm and the informant Niranjan Lal Sahu (P.W. 4) left the place for informing other persons. On the same day when someone informed to Raidih police station, Officer -in -Charge of that police station, Shyam Bihari Singh (P.W.9) came to the place of occurrence and got the Fardbeyan (Ext.4) of Niranjan Lal Sahu recorded, upon which a case was registered and the matter was taken up for investigation by said Shyam Bihari Singh (P.W.9), who held inquest on the dead body and prepared inquest report (Ext. 7). From the place of occurrence, motor cycle as well as HMT watch were seized under seizure list (Exts.5 and 5/1) and the dead body was sent for post mortem examination which was conducted by Dr. Mritunjay Sarawgi (P.W.1) who found seven incised wounds as well as number of abrasions on the person of the deceased. That apart, one oval lacerated wound with inverted margin having tattooing was found over abdomen. Bullet was found lodged at posterior area of abdominal wall.
(3.) ACCORDINGLY Doctor issued post mortem report (Ext.1) with an opinion that death occurred due to shock and haemorrhage caused by injuries found over the skull of the deceased as well as firearm injury.;