JUDGMENT :

Shree Chandrashekhar, J.

Four persons were named as assailants in the First Information Report which has been lodged on the basis of the fardbeyan of Suresh Marandi, recorded on 21.05.2007 at about 8 a.m. at village –Lattar Tola, Baset Kundi. After the investigation, the accused persons, namely, Joseph Hembram, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram were sent up for trial and they have faced the charge under sections 302/34, 342/34 and 323/34 of the IPC.

2. During the trial, the prosecution has examined altogether 8 witnesses; Dr. Singroy Soren who has conducted autopsy over the dead body has found the following injuries on Sunil Marandi:

“i. Small wound 1/2”x 1/2” on acromion clavicular area of right and left shoulder.

ii. Black echymosis on the right scapula 1” x 1/2”

iii. Wound 1/2 “ x 1/2” at mid scalp.

iv. Bruises measuring 1/3” x1/3” multiple in number over abdomen left side.

v. Bruises 1/4”x 1/4” multiple in number over right hypochonrian”

3. The postmortem examination was conducted at 4.45 p.m. on 21.05.2007. According to the doctor, the death has occurred within 16-18 hours. All the injuries were ante-mortem in nature and the death has been caused due