(1.) BOTH the appellants have preferred this appeal against the judgment and order of conviction and sentence dated 30.11.98 and 1. 12.98 respectively passed by Shri Rajesh Kumar Dubey, Vlllth Addl. Judicial Commissioner, Ranchi in S.T.No.291/97 whereby and whereunder the appellant No.1 Gurmukh Singh, was sentenced for life under Section 302, IPC and further appellant No.2, Basanti Devi and appellant No.1, Gurmukh Singh, were sentenced for life imprisonments under Section 302/34, IPC, directing both the sentences will run concurrently.
(2.) THE prosecution case is based on the fard beyan of Man Singh, PW -3, the informant of this case, whose fard beyan, Ext.1, was recorded by S.I. of P.S Sukhdeonagar, S.K. Jha, on 8.11.96 at Sadar Hospital, Ranchi at 13 Hrs, alleging that the deceased Sardar Bhagat Singh was the elder brother of the informant, Man Singh. Sardar Bhagat singh was residing alongwith his family at Jamshedpur whereas his remaining four brothers are residing at ltki Road, Piska More, P.S. -Sukhdeonagar, District -Ranchi. Sardar Bhagat Singh had advanced Rs.40,000/ - to the appellants to run poultry -farm business after selling the lands in the month of May 1996 by his mother situated at Piska More. To realize the loan amount, Sardar Bhagat Singh had come from Jamshedpur one month prior to the alleged occurrence and was staying with the informant, Man Singh. On 8.11.96 at about 10 A.M. the informant and his elder brother, Sardar Bhagat Singh, had gone to realize the advanced amount to the residence of Basanti Kaur @ Basanti Devi, situated at Etki Road. The informant was talking with his sister, Rani Kaur, by the side of the house of the appellants and his elder brother, Bhagat Singh, had gone to Basanti Kaur, who is the wife of his elder brother to realize the advanced amount. Basanti Kaur and Bhagat Singh came out and were talking. In course of altercation Basanti Kaur @ Basanti Devi caught both the hands of Bhagat Singh from behind and then her son, Gurmukh Singh, appellant No.1, stabbed four times on the chest and abdomen of Bhagat Singh. On being injured Bhagat Singh fell down crying for help. On hearing the alarm, Gurbinder Kaur, PW -2, Rani Kaur, PW -1 and other Mahalla people saw the alleged occurrence. They saw the appellant, Gurmukh Singh, fleeing away with a Chhura in his hand. Formal FIR, Ext. 3, was drawn on the same day at about 9.30 P.M. and after investigation chargesheet under Section 302/34, IPC, was submitted against both the appellants.
(3.) PW -6, Dr. Tulsi Mahto, conducted the autopsy on the dead body of Bhagat Singh on 8.11.96 at 16.30 Hrs. and found the following stab wounds : - (a) 2 C.M. x 1 C.M. x cavity deep over left chest front upper part situated 5 C.M. left to mid -line, weapon passes through cartilegenous portion left 5th rib, perforates the pericardial and enters into left vertical heart. (b) 3 C.M. x 1 C.M. cavity deep over the left abdomen in front of upper part situated 9 C.M. left to the mid -line, weapon passes through abdominal wall and enters into the stomach (c) 3.5 C.M. x 1.5 C.M. x cavity deep over the left abdomen front situated 6 C.M. left to the umbilicus, weapon passed through abdominal wall and perforates small intestine and mesentry. (d) 2 C.M. x 1 C.M. cavity deep over the right abdomen front lower part situated 3 C.M. right to mid -line the weapons passes through abdomen wall perforates the small intestine. (e) 2 C.M. x 1/2 C.M. x 1 C.M. over left shoulder front. The Doctor found blood and blood clots in the abdominal cavity and thoracic cavity. Stomach contain undigested food matter in pasty form 150 Gms. mixed with blood. The Doctor opined that all the injuries were ante mortem in nature caused by sharpcutting -cum -pointing weapon and the death was due to shock and haemorrhage as a result of above injuries within 3 -18 Hrs.