- (1.) SINCE both the appeals arise out of the common judgment it were heard together and are being disposed of by this common judgment.
(2.) ALL the three appellants were put on trial for the charges under Section 302/34 and 307/34 of the Indian Penal Code for committing murder of Sanjhhali Marandi in furtherance of their common intention and also for making an attempt to commit murder of Raska Marandi and his wife Randhin Hembrom and grand daughter Marangmai Soren. The trial court having found all the three appellants guilty sentenced each of them to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs. 250/ - and in default of payment to undergo rigorous imprisonment for one year. Further they were sentenced to undergo rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and to pay a fine of Rs. 100/ - and in default of payment to undergo rigorous imprisonment for six months. The case of the prosecution is that the informant Raska Marandi (P.W.5) while was sleeping in his house along with his wife Randhin Hembrom (P.W.1) and daughters Manjhali Marandi, Sanjhall Marandi (deceased) and grand -daughter Marangmai Soren (P.W.2), woke up at about 1 A.M. in the night after hearing some sound coming from the cow -shed. When he went there, he did not find calves over there and hence he got perturbed. Meanwhile, the appellants came over there having lathis with them and of them the Binod Rajak was also having knife with him. They started assaulting him and upon it he fled away from there by raising alarm. They also assaulted his wife and the daughters with lathi and one of his daughter, Sanjhali Marandi was inflicted with chhura injuries, as a result of which she died. Thereafter in the morning on 2.11.1994 at about 10 A.M. the informant Raska Marandi gave his Fardbeyan (Ext.7) at Jirwabari out post of Borio (Jirwabari) Police Station, upon which a case was instituted under Section 302/34 of the Indian Penal Code against all the appellants and the matter was taken up for investigation. In course of investigation, Investigating Officer held inquest on the dead body of the deceased and then sent it for post mortem examination which was done by Dr. N.K. Prasad (P.W.3), who found the following injuries: (i) Incised wound 2' x 1/2' x 1/4' on the front of the head on the left side. (ii) Incised wound 2' x 1/2 'x 1/4' on the left side of forehead 1' lateral to the injury No. (i). (iii) Incised wound 2' x 1/2' x 1/4' on the left side of head just lateral to the Injury No. (ii). (iv) Incised wound 2' x 1/2' x deep upto abdominal cavity on the right side of abdomen below last rib. (v) Swelling of face.
(3.) ON dissection injury No. (iv) was traced out upto liver which was found punctured. Accordingly, Doctor issued post mortem examination Report (Ext.1) with an opinion that death was caused by shock and haemorrhage due to penetrating injury of the liver.;