JUDGMENT :

Shree Chandrashekhar J.

1. Bero P.S Case No.42 of 2008 was registered on 11.07.2008 against Jaga Oraon, the appellant, under section 307 of the Indian Penal Code for attempt to murder Paya Oraon. The informant is the wife of Paya Oraon who succumbed to the injuries on 25.07.2008 and, accordingly, the offence under section 302 of the Indian Penal Code was added in the report vide order dated 01.08.2008. In her fardbeyan which was recorded at 11:00 p.m. on 10.07.2008 at Primary Health Centre, Bero, the informant has alleged that in the evening of 10.07.2008 she was with her husband at home - her husband was drunk. At about 07:00 p.m., Jaga Oraon who is her elder brother-in-law came there and took away her husband on the pretext of enjoying drink. At about 08:00 PM, when she heard screams of her husband she came out and saw that Jaga Oraon carrying a Nepala was running towards his house and behind him her husband drenched in blood and pressing his abdomen came there. He told her that Jaga Oraon has assaulted him and fled away. She has seen two knife blows over abdomen and one injury on the head of her husband and his intestine was bulging out. With the help of Mangra Oraon, Etwa Oraon and Brijmani Kujur she brought her husband to Bero Hospital where her fardbeyan was recorded by Garib Mochi, S.I of Bero Police Station. The informant has alleged that the elder brother of her husband assaulted him with an intention to murder due to a land dispute between them. After the investigation a charge-sheet was submitted against the appellant and he has faced the trial on the charge under section 302 of the Indian Penal Code. During the trial the informant was examined as PW3. The neighbours of the informant, namely, Brijmani Kujur-PW4, Birsa Oraon-PW5, Etwa Oraon-PW6, Mangra Oraon-PW7 and Damu Oraon-PW8 were examined by the prosecution, however in the Court, PW6, PW7 and PW8 have turned hostile. Dr. Lal Manjhi who has first attended Paya Oraon at Primary Health Centre, Bero observed two incised wounds around his abdominal area, the intestine was coming out of the abdomen. Dr. C.S. Prasad who conducted the post-mortem examination over the dead body of Paya Oraon on 25.07.2008 at about 12:45 hrs has found signs of repair at two places over the small intestine. He has seen perforation in the small intestine, presence of pus and peritonitis in the intestine.

2. The learned Additional Judicial Commissioner, Fast Track Court-VI, Ranchi has held that the prosecution has proved the sequence of events in the night of 10.07.2008 the occurrence took place around 08:00 p.m. in the night, and Paya Oraon was found injured with a knife like weapon. The learned Judge has further found that the victim himself has stated before his wife and the investigating officer that Jaga Oraon assaulted him and the doctor who treated him first has categorically held that injury found on his person was sufficient to cause death in the ordinary course of nature and, therefore, the accused was liable to be convicted under section 302 of the Indian Penal Code.

3. The learned trial Judge has held thus;

“Thus, in view of this court there cannot be two views with regard to the intention of the accused while inflicting such injury on the victim that he intended to kill the victim and therefore all the ingredients of culpable homicide amounting of murder are made out. The nature of the wounds, manner of the occurrence, place of occurrence, the mode of occurrence, backdrops of inimical relationship with regard to land dispute, conduct of the accused by moving away to his house upon seeing his brother in pool of blood, recovery of knife used in the occurrence on the basis of his discloser statement all taken together in totality give rise of only inference that the accused Jaga Oraon had assaulted the victim Paya Oraon with an intention to kill him and only because of immediate medical aid extend to him the victim could be saved for few days, finally he died a fortnight af