HOPNA KISKU Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants, Hopna Kisku and Shibnath Kisku, were arrayed as A -2 and A -3, along with Patni Marandi, who was arrayed as A -1. They were charged under Section 302/34 of the Indian Penal Code, on the allegation that on 23.4.1983 at about 6.00 p.m. the appellants caused injury to Matal Kisku, father of PW 12, and as a result of the said in -juries the said Matal Kisku died later at the hospital on 24.4.1983.

(2.) THE learned trial Judge, while acquitting Patni Marandi, who was arrayed as A -1, convicted the appellants, who were arrayed as A -2 and A~3, and sentenced each one of them to imprisonment for life tinder Section 302/34 of the Indian Penal Code. The present appeal by the convicted accused -appellants is against their conviction and sentence.

(3.) ON Matal Kisku being produced before PW 8, Dr. Binod Kumar Safi, PW 8, found an injury on Matal Kisku who was admitted as in -patient. In the meantime, Shibnath Kisku, A -3, also appeared at the police station and as he and Hopna Kisku, A -2, had injuries on their person, they were also referred to the same hospital after an entry was made (Ext. A) by PW 14 in the Station Diary. Matal Kisku, while undergoing treatment, at the hospital died on 24.4.1983 and thereafter Ext. 3, the entry in the Station Diary, was registered as a crime by registering an FIR which stands marked as Ext. 4. PW 14, after taking up investigation, went to the scene of occurrence and found blood stained earth. It was seized under Ext. 6. He also seized one bamboo lathi and one wooden lathi under the seizure list Ext. 6/1, attested by PW 6. Thereafter, inquest was conducted at the hospital over the dead body and later a requisition was given to the doctor for conducting autopsy. 5. On receipt of the requisition, PW 13, Dr. Sita Ram Sah, conducted autopsy on the dead body and he found the following injuries ;