DHINAKAR, C. J, M. Y. IQBAL, J.

( 1 ) THE accused appeals.

( 2 ) THE appellant Matal Kisku was tried before the Sessions Judge, Dunika for the offences punishable under section 302 and 323 of the Indian Penal Code, on the allegation that he caused death of the deceased Karu Kisku at 1. 00 a. m. in the night of 28/29-11-1986 and that during the course of the same transaction he caused injuries to Zoba Murmu (PW-6) wife of the deceased Karu Kisku.

( 3 ) THE learned trial Judge, while finding the appellant guilty and sentencing him to imprisonment for life under section 302 of the Indian Penal Code, directed him to suffer imprisonment for a period of six months under Section 323 of the Indian Penal Code, with a further direction that both the sentences will run concurrently. The present appeal is against the said conviction and sentence.

( 4 ) THE facts are as follows : The deceased Karu Kisku and PW-6, Zoba murmu. were residing at Kalidaspur village within the jurisdiction of Pakur police Station. The appellant is the brother of the deceased and was residing in the same village. There was a dispute pending between the deceased, Karu kisku and the appellant, Matal Kisku. While the dispute was going on, at about 8. 00 p. m. on 28-11-1986 the deceased and the appellant took food after taking drinks and started quarrelling with each other. Even at 11. 00 a. m. they were seen quarrelling with each other. Thereafter, the deceased went to his house. Later on, pw-6, the wife of deceased woke up on hearing the quarrelling noise. She came out of the house and found the appellant and the deceased quarrelling with each other. At that time, the appellants wife also reached the place and handed ever something to the appellant. The appellant assaulted the deceased. Karu Kisku, with the instrument, which was handed over to him by his wife. The deceased, karu Kisku fell down and raised alarm. When PW-6 intervened she was also beaten and she suffered injuries. On hearing the cries of the parties, PW-2. Shyam Murmu (he turned hostile) and shiv Kisku reached the scene of occurrence. They found the deceased with injuries and took him to Angan. The mukhiya of the village and the other villagers arrived at the place. On the next day at noon, on receipt of information, the police officer attached to Pakur Muffasil police Station, PW-9, Nawal Kishore mishra, reached the scene of occurrence and recorded the Fardbayan Ext. 4, given by PW-6. This was registered as a crime at the police station and investigation was taken up by him. On taking up of Investigation, pw-9 conducted inquest over the dead body in the presence of the witnesses, during which witnesses were examined and the statements were recorded. The body of the deceased, Karu Kisku, was sent to the Government hospital at Pakur with the requisition. On receipt of the requisition, PW-1, Dr. R. Goswami, deputy Superintendent, Sub-divisional hospital, Pakur conducted autopsy on the body of Karu Kisku and he found the following injuries : (i) One lacerated wound on the middle of the forehead slightly on the left side 2-1/2" x 1" x scalp deep, beneath it the frontal bone had got depressed fracture; (ii) One diffused swelling on the back of the neck 3-1/2" x 2-1/2"; (iii) Superficial scratch on the right knee joint 2-1/4"x 1-1/2". The doctor issued Ext. 1, the postmortem certificate. In his opinion, the death is on account of intracranial haemorrhage and shock, as a result of injury No 1 and as per his opinion the said Injury was sufficient in the ordinary course of nature to cause death.

( 5 ) IN the meantime, PW-6, Zoba murmu. who suffered injuries, was also referred to the hospital and she was examined by the same doctor and the doctor found three injuries on her person: (i) One diffused swelling on the right fore arm. X-ray advised for confirmation of fracture; (ii) Slight swelling of the middle of the lower chest; (iii) Tenderness in the middle of the lower back. The doctor Issued Ext.