He took her to Sadar hospital, Giridih, and admitted her.
Further after operation, the following injuries were found Two incised injuries in the transverse companyon each 1x x deep into the cavity of the Lumen.
Even a most illiterate and rustic person would know and realize that a savage blow with a short cutting weapon on vital part like chest and abdomen would cause bodily injury which would result in death.
The manner of causing injuries, the nature of the injuries caused, the part of the body where they were inflicted, the weapon of assault employed in the companymission of the offence and companyduct of the accused are relevant factors in determining whether the offence companymitted is one of murder or culpable homicide number amounting to murder.
On raising alarm, her husband PW 9 and Sita Dhobin PW 2 , Mukesh PW 1 and others came there.
On that basis, I.R. was drawn and a case under Section 307 IPC was registered against the accused.
She began crying and wanted to run away but the accused caught hold of her hairs, threw her on the ground and started giving chhura blows on her abdomen and back.
The accused was tried for an offence under Section 302 IPC.
Seeing them, the accused fled away.
PW 1 was declared hostile.
Hence the offence was altered to one under Section 302 IPC.
The prosecution in all examined 10 witnesses to establish the guilt of the accused.
One incised injury on right side of abdomen 3x2 deep in the cavity.
The High Court of Patna dismissed the Criminal Appeal No.
Enmity between the accused and PW 9 was said to be the motive.
239/87 R by the order dated 15.9.1988 companyfirming the order of companyviction.
In the meantime, the accused Karu Marik being armed with chhura went there and assaulted with chhura on her chest.
Furdi bayan of PW 9 was recorded in the hospital by S.I., R.N.Singh.
PW 9 found his wife in a pool of blood lying unconscious.
Four incised injuries on the large intestine each x1/2x deep into the cavity of the Lumen He has deposed that all the injuries were grievous in nature and dangerous to life and that they companyld be caused by sharp cutting weapon such as dagger.
He was of the opinion that death of the deceased was due to shock and hemorrhage and circulatory failure as a result of the above injuries.
He pleaded number guilty and his defence was that he had been falsely implicated in the case out of enmity.
Savitri Devi died on 22.8.1983 in the hospital due to the injuries caused to her by the accused.
Dr. Sibnarayan Prasad PW 8 who examined the deceased has stated that he found the following injuries on the person of deceased Savitri Devi One incised injury on the right side of chest 2x2x6 deep in the cavity.
In short, the prosecution case is that on 14.8.1983 at about 6 A.M. in the morning Savitri Devi, wife of the informant Thakuri Pandit PW 9 had gone to ease herself towards numberth of her house.
Hence this appeal by special leave.
On 14.8.1983 itself, her dying declaration was recorded by S.N.Prasad, Judicial Magistrate First Class, Giridih.
One incised injury on back 3x2 deep into cavity.
