(1.) Charged for the offence punishable under section 302 I.P.C in Sessions Trial No. 519 of 2005, the appellant has been found guilty of culpable homicide amounting to murder and he has been sentenced to undergo R.I for life. In this Criminal Appeal (D.B.) No. 852 of 2012, judgment of conviction dated 18.01.2012 and order of sentence dated 19.01.2012 have been challenged on behalf of the appellant-Sudhir Munda through Jharkhand Legal Services Authority.
(2.) One Etwa Swansi is the informant who gave her fard-beyan on 20.01.2005, on the basis of which Tamar P.S Case No. 04/2005 was registered for offences punishable under sections 307/302 I.P.C against the appellant-Sudhir Munda. In Sessions Trial No. 519 of 2005, the appellant was prosecuted for the offence punishable under section 302 I.P.C simplicitor. During the sessions trial, the prosecution has examined 6 witnesses; informant-Etwa Swansi as P.W.1, her mother Radhi Devi as P.W.5 and her brother Budhu Swansi as P.W.2. These witnesses have claimed themselves witness to the occurrence. The doctor who conducted the post-mortem examination over the dead body of the deceased-Ram Mohan Swansi has found the following injuries on the dead body: Abrasions: (i) 2 cm x 1 cm on right elbow back. (ii) 1 cm x 1 cm on right knee lateral side.
(3.) The doctor has found fracture of stermum and by lateral fracture of second to ninth ribs with presence of blood tinged fluit in the thorasic cavities. There was rupture of small intestine and mesentry and presence of pus in abdominal cavity. In opinion of the doctor the aforesaid injuries were caused by hard and blunt substance, however, he has also opined that such injuries may be caused by kicks and fists.