MAHESHLAL HEMBROM Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) APPELLANTS of both the appeals having been convicted for an offence under Sections 302/34 of the Indian Penal Code for committing murder of one Dewan Soren were sentenced to undergo imprisonment for life.

(3.) ON receiving the rumour that one person has been done to death at village Kamoddumania, Girish Kumar Ambast (PW 12), Officer -in -Charge of Jama Police Station entered the said information in the station diary and proceeded to the place of occurrence where he reached at about 11 p.m. where informant Makku Murmu (PW 11) wife of the deceased gave her fardbeyan (Ext. 4) stating therein that husband of appellant Jaimani Hembrom had been to Assam for earning his livelihood but the appellant Jaimani Hembrom carried impression that the informant by practicing witchcraft has done something which has influenced the thought process of her husband as a result of which he has not been returning home and due to this reason, the appellant' committed murder of her husband in the manner stated above. After recording the fardbeyan (Ext. 4) the said Girish Kumar Ambast (PW 12)himself took up the investigation of the case and on the same night saided the house of the appellant Jaimani Hembrom where he found the dead body of Dewan Soren in the courtyard of the appellant. The Investigating Officer, Girish Kumar Ambast (PW 1.2) by deputing choukidar at the place of occurrence, proceeded to arrest the accused persons to whom they arrested from a lonely place where they had hided themselves in a bush. The next day, i.e., on 8.10.1995 the Investigating Officer Girish Kumar Ambast (PW 12) came to the place of occurrence and held inquest on the dead body and prepared Inquest Report (Ext. 6) and sent the dead body for post - mortem examination which was done by Dr. Nand Kishore Shahu (PW 1), who on examination found the following injuries on the person of the deceased. 1. Diffused swelling over the force head ''On dissection, fracture of frontal bone was found. On further dissection, brain and meninges were found lacerated. 2. Ecehymosis over the front of the right side of chest ''on dissection, fracture of second and third ribs of right side of chest were found. On further dissection, pleura and lungs were found ruptured. 3. Diffused swelling over the right forearm with fracture of both radius and ulna. 4. Lacerated wound 3" x 2" x bone deep over the right leg with fracture of both tibia and fibula. 5. Abrasion 3" x 2" three in number over the left gluteal region.