PRITHWI MURMU Vs. STATE

JUDGEMENT

(1.) THE two appellants, Prithwi Murmu and his nephew, Mangal Murmu have been convicted Under Section 302 of the Indian Penal Code, and sentenced to life imprisonment for having jointly committed two murders, one of Doman, uncle of appellant Prithwi, and another, of another Mangal,. son of Doman. THEy have further been convicted Under Section 323 of the Code for causing hurt to Ram Murmu (P. W. 10), brother of Doman, but no separate sentence has been passed on this count,

(2.) THE date of occurrence, as alleged, was. about 3 p.m. on the 27th July, 1960, and the place... the courtyard of the deceased, situate in Mouza Dumra, some fifteen miles away from police station Boarijore in the district of the Santal Paraganas.

(3.) THE Sub-Inspector (P. W. 19) taking along with him a doctor, R. M. P. Jamuar (P. W. 9) reached the place of occurrence at 11-20 a.m. the same day. Doman and Ram Murmu (P. W. 10), who were lying injured, were given first aid by the doctor (P. W. 9). P. W. 19 held inquest over the dead body of Mangal and prepared an inquest report (Exhibit 3/2) in presence of some witnesses. He prepared a sketch map with explanatory notes (Exhibit 6) of the place of occurrence. Doman also expired at about noon. P. W. 19 held inquest over his dead body also and prepared an inquest report (Exhibit 3/3). THE two. dead bodies were despatched for post mortem examination to Godda Hospital. Autopsy over each was performed by Dr. M. P. Varma between, 3.30 and 4 P.M. on the 29th July, 1960. THE evidence of this doctor as recorded by the committing Magistrate was tendered at the trial under Sec tion 509 of the Code of Criminal Procedure.