BISHWANATH KALINDI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants, two in number, challenge their conviction and sentence in this appeal. They were tried and convicted under Section 302 read with 34, IPC. They were sentenced to imprisonment for life. Hence, the appeal.

(2.) THE allegation against them is that Bishwanth Kalindi, the first appellant sharing the common intention of Shatrughan Kalindi, second appellant, stabbed the deceased, Mantu Kalindi at about 5.30 p.m. on 12.2.1996 during a quarrel.

(3.) ON receipt of the requisition and the dead body, PW 8, Dr. Nawal Kishore Sinha conducted autopsy and found a sharp cutting pointed wound on the right side of middle of sub clavicular groove near the root of the right side of neck measuring 3" x 1" x 5". The doctor noticed rupture of right lung. He issued Ext. 3, the postmortem certificate with his opinion that death is on account of shock and hamerroage due to the rupture of lung and the said injury could have caused by a sharp cutting weapon.