Acquittal warranted where medical evidence links fatal injuries to a weapon the accused did not carry.

The appellants were convicted under Sections 302 and 307 read with Section 34 IPC for the killing of Shibu Oraon and the assault on Kunti Kumari, and were sentenced to life imprisonment and five years’ rigorous imprisonment, respectively, with sentences to run concurrently

The prosecution alleged that Gandru Oraon (Appellant No. 1) used a mattock and Shiva Oraon (Appellant No. 2) used a sword during the incident

The post-mortem recorded multiple incised wounds and attributed death to injuries caused by a heavy sharp-cutting weapon, possibly a sword; Kunti’s medical report recorded a simple abrasion and scalp pain

During the appeal, Appellant No. 2 died, and the appeal abated as against him

Whether the evidence proved beyond reasonable doubt that Appellant No. 1 was liable for the deceased’s murder under Sections 302/34 IPC, given the weapon attributed to him and the medical evidence.

Whether the evidence established that Appellant No. 1 inflicted an injury on Kunti amounting to an offence under Sections 307/34 IPC.

The Court considered Sections 302 and 307 read with Section 34 IPC, which govern murder and attempted murder committed with common intention.

It applied the criminal-law requirement that the prosecution prove the accused’s guilt beyond reasonable doubt, assessing the testimonial evidence against the medical evidence.

No precedent was cited in the judgment

The Court found that the prosecution attributed the sword to Appellant No. 2 and the mattock to Appellant No. 1, while the deceased’s fatal injuries were incised wounds caused by a heavy sharp-cutting weapon, possibly a sword. It therefore held that the medical evidence did not reliably connect Appellant No. 1’s mattock with the fatal injuries.

As to Kunti, the injury report described a simple abrasion and scalp pain, and the Court found that it did not support the allegation of a mattock blow to her forehead or establish an attempt to murder. P.W. 1’s account of a single, light blow was consistent with the finding of a minor injury.

The Court concluded that the prosecution had not proved the charges against Appellant No. 1 beyond reasonable doubt.

The appeal had already abated as to Shiva Oraon because of his death.