SUJAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appeals arising out of the common judgment were heard together and are being disposed of by this common judgment.

(2.) THE appellants were put on trial for committing murder of one Ranjit Mandal in furtherance of their common intention. Learned trial court having found the appellants guilty for the offence under section 302/34 of the Indian Penal Code sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for one year.

(3.) ON receiving such information when M. Singh, Officer-in-Charge of.Hiranpur Police Station came to the house of the informant, he recorded the Fardbeyan of the informant on 1.9.1999 at about 2.30 hours wherein she stated that accused persons committed murder of her husband as the accused persons who were not allowed to cut a palm tree belonging to the deceased leading to altercation at several occasions had extended threat of dire consequence. On the basis of Fardbeyn, a formal first information report (Ext.5) was drawn whereby case was instituted against the appellants and the matter was taken up for investigation by the. Investigating Officer (not examined), who on holding inquest on the dead body prepared inquest report. The Investigating Officer also seized Battery and blood stained earth from the place of occurrence under the seizure list in presence of Gour Mandal (P.W.10). When the dead body was sent for post mortem examination, it was done by Dr. Sushil Kumar Mehrotra (P.W.7), who on holding autopsy did find one ante mortem wound of entry of size 2.5 cm. x 1.5 cm with tattooing and charring 16.cm. x 16 cm. diameter surrounding the wound corresponding to shirt and ganji. Some liquid blood was found coming through the wound. One wound of exist of size 2.0 cm. x 1 cm was found near intercostals space 2.cm right to the midline with corresponding whole in ganji. On internal examination fracture of 4th right rib and rupture of lower lobe of right lung with liquid blood in the right side of thoracic cavity were found.