GANDURA LAKRA @ ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants stand convicted for the offences under Section 302/34, IPC and sentenced to R.I., for life on trial by the trial Court for committing the murder of Sheolal Pahan.

(2.) THIS Sheolal Pahan had died of the following injuries, as per Dr. A.K. Choudhary, P.W. 11, who conducted autopsy on the dead -body of the deceased on 15.6.1992 and proved the post -mortem report, Ext. 7: Incised wound: 5 x 1 1/2 cm. x bone deep over the back of neck situated tremulously cutting the soft issue and 3rd cervical vertebra including spinal cord with infiltration of blood.

(3.) THE defencs version of the case as appearing from the trend of the cross -examination as also the statements of the appellants under Section 313 Cr.P.C. is the denial of the occurrence and false implication. The appellants entered into defence and 2 D.Ws. were also examined on their behalf to show that in the prior night of the occurrence, they had also gone to Jagran Mela where some quarrel occurred between Sheolal and others. They had said that Sheolal and both the appellants were in the Mela along with the D.Ws. in the night, but they have not made any statement in this regard before the police, rather they have also not stated this fact to the informant of the case.