JUDGMENT :

Shree Chandrashekhar, J.

The sole appellant has been charged for murder of Dulal Chandra Saha. In Sessions Case No. 412 of 1990, he has been convicted under section 302 and 379 IPC and sentenced to R.I. for life under section 302 IPC and R.I. for 3 years under section 379 IPC.

2. By an order dated 24.12.1993, the appellant was granted bail by this Court.

3. The case of the prosecution is narrated by Nimai Chandra Saha in his fardbeyan recorded on 17.03.1990, on the basis of which Raneshwar (Tongra) P.S. case under section 302/201/379 IPC was registered. The informant has alleged that on 16.03.1990 Dulal Chandra Saha returned home from Raj Nagar market at about 5 p.m. and till about 8-9 p.m. he was wandering in the village. Thereafter, he went towards the house of Chandan Murmu in Manjhi Tola; Dulal Chandra Saha had illicit relationship with the daughter of Chandan Murmu. The informant has claimed that the co-villagers namely, Madhusudan Mandal and Bhagirath Gorai who had gone for their own work to Manjhi Tola informed him that his brother namely, Dulal Chandra Saha has been seen eating and drinking with Gangadhar Hansda at the door of Chandan Murmu. On 17.03.1990 the informant came to know that dead-body of his brother was lying about 300 yards north-east of the house of Chandan Murmu in the field of Srawani Shankar Das. The informant went there and found the dead-body of his brother with several sharp cut injuries. Near the dead-body one green Hawai Chappal of his deceased brother and yellow coloured another Chappal belonging to the accused-Gangadhar Hansda were found. The golden ring and silver chain of the deceased were missing. He has stated that he found some blood-stains on the cot and some blood-stains on the ground of the house of Chandan Murmu. The blood-stained Lungi of the deceased was found on a Khajur tree about 200 yards west from the dead-body. The informant raised a suspicion that Gangadhar Hansda has killed his brother. The appellant was charged under section 302 IPC and section 379 IPC.

4. The prosecution has examined 8 witnesses in support of the charges framed against the accused-appellant; brother of the deceased namely, Nimai Chandra Saha is P.W. 4 and the co-villagers namely, Madhusudan Mandal and Bhagirath Gorai have been examined as P.W. 3 and P.W. 6 respectively. The investigating officer has been examined as P.W. 8.

5. The doctor namely, Bimal Kumar who has conducted the post-mortem examination on 18.03.1990 has found the following injuries on the deceased namely, Dulal Chandra Saha:

“(1) Penetrating incised wound 1''X 1/2'' X chest cavity deep, 1''X 1/2'' chest cavity deep, 1''X 1/2'' X chest cavity deep over lateral aspect of Right side of chest below axille. Situated ant. middle and post axillary low. On desection there was lacerated of pleura and lung of Right side by each wound. On left side there was fracture of 2nd and 4th ribs with lacerating pleura and lungs. Blood clots in the chest cavity.

(2) Penetrating incised wound 1''X 1/2''X abdomen deep over the epigastric region with protusion of Omentum. On desection there was laceration of peritoneum and liver and blood clots inside the cavity.

(3) Incised penetrating wound 1''x1/2''x4'' over Right Upper part of arm.

(4) Incised penetrating wound 1''X1/2''X4'' over Right thigh one on front and other on lateral side.

(5) Incised wound over back and left scapula region 1''X1/2''X3.”

6. The doctor has found that the injuries found on the dead-body were caused by sharp cutting and pointed weapon such as Chakku and Chhura (knife). He has opined that death has been caused as a result of injury nos. (1) and (2) and both the injuries were sufficient to cause death in the ordinary course of nature.

7. The learned Additional Sessions Judge, Dumka has held that the prosecution has established the charges framed against the accused and, accordingly, he has convicted the appellant under section 302 IPC and section 379 IPC.

8. Mr. Jitendra S. Singh the learned