KANAHAIYA MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE accused appeals.

(2.) THE appellant was charged and tried for the offence punishable under Sections 302, 376 and 379 of the IPC. The allegation against him before the trial Court is that after he committed rape on Palo Devi, the sister of PW 1, Syamlal Karmali and after snatching away a silver chain she was murdered by assaulting her. The learned trail Judge, finding the appellant guilty as charged, while sentencing him to imprisonment for life under Section 302 IPC, directed him to suffer rigorous imprisonment for seven years under Section 376, IPC and one year under Section 379 IPC. The present appeal is against the said conviction and sentence.

(3.) ON receipt of the requisition PW 9, Dr. Bedbrata conducted autopsy on the dead body of Palo Devi and he found the body to be in a highly decomposed stage. On dissection he found bleeding and also noticed fracture of the body of sternum, right chamber of heart full of blood. He also found lyrinx and treachea conjested. He found foetus. He could not give any opinion as regards rape as the body was in a highly decomposed stage. He issued Ext. 7, the post -mortem certificate with his opinion that the death could be on account of asphyxia.