NUNU ALIAS NAGESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant was put on trial in Sessions Trial No. 284 of 2003 on the accusation of committing murder of Ranjit Singh. The trial court having found the appellant guilty convicted him for the offence punishable under Sec. 302/34 IPC vide its judgment dated 06.12.2005 and sentenced him to undergo imprisonment for life vide its order dated 06.12.2005. The case of the prosecution is that on 11.6.2003 at about 9/10 p.m., the informant Sundair Devi (P.W. 3), her husband Lakshman Singh (P.W. 2) and son Ranjit Singh (deceased) and his wife Lalita Devi (P.W. 4), daughter in law of the informant slept in the night after taking their meals. At about 12 O' clock, the appellant came having a torch light with him. The informant woke up and asked who is there upon which the appellant disclosed his identity. When it was asked as to why in the dead of night, he has come, the appellant disclosed that he had come in search of "haria" (rice beer). After saying so, the appellant went away, but after half an hour, at about 12.30 a.m., the appellant again came along with accused Shiva and Patras who took Ranjit Singh forcibly with them on the pretext that they have to watch CD. At about 1.30 a.m. (night) when the informant P.W. 3 and her husband Lakshman Singh P.W. 2, heard the distress sound of their son Ranjit, they came out and saw this appellant assaulting the deceased with Bhujali by saying that his father and mother have killed his family members by practising witch craft. When P.Ws. 2 and 3 asked him not to assault their son, they extended threats to go away, otherwise, they would also be killed. Meanwhile, his son any how got up and ran towards the road. The accused persons seeing him going towards the road, chased him and caught hold of him at the road and there also they assaulted him.

(2.) On the next day, 12.6.2003, at about 6.45 a.m., when S.I. Ravindra Pd. Gupta (not examined) came to the house of the informant, he recorded the fardbeyan of the informant PW 3 on the basis of which a formal FIR (Ext. 5) was drawn. The said R.P. Gupta himself took over the investigation during which he held inquest on the dead body of the deceased and prepared an inquest report (Ext. 4). Thereupon, the dead body of the deceased was sent for post -mortem examination which was conducted by P.W. 1 Dr. Nawal Kishore Sinha, who upon holding autopsy on the dead body of the deceased, did find the following injuries:

(3.) The doctor issued post -mortem examination report (Ext. 1) with an opinion that the death was caused due to internal haemorrhage on account of cut wound in the spleen and that all the injuries were caused by sharp cutting instruments.