- (1.) The appellants, Bikash Murmu (in CRA No. 373 of 2013) and Bangeswar Murmu (CRA No. 271 of 2014) have been convicted of offences under Sections 302/34 of the Indian Penal Code, 1860 on charge of murder of one Srikanta Hansda of the village Makopali under Bandwan Police Station in the district of Purulia on 12th/13th July, 2010. In a judgment delivered on 21st March, 2013 in Sessions Trial No. 15 of 2012 in connection with Sessions Case No. 301 of 2012, the Additional Sessions Judge, 2nd Court, Purulia found the appellants guilty and has sentenced them to undergo imprisonment for life. This judgment and order is assailed by the appellants before us in the two appeals, which have been argued in a composite manner before us. We shall decide both the appeals in this judgment. The appellant Bangeswar Murmu is undergoing detention at present, while in connection with this case, Bikash has been enlarged on bail.
(2.) The prosecution case, which was accepted by the Trial Court is that on 12th July, 2010, in the evening there was a meeting of a political party in the house of one Balaram Mandy in Makopali village. The deceased victim was present in that meeting. The meeting ended at about 10 P.M. Thereafter about six or seven miscreants "carried" Srikanta Hansda towards Bhutka Dungri forest, implying the deceased victim was dragged in that direction. Sounds of gunshots were heard thereafter, but out of fear, none ventured in that direction in that night itself. On the next morning, that is 13th July 2010, the dead body of the victim was found on a field belonging to one Lakshman Mandy. There were multiple injuries on the body which have been described in the written complaint made by the father of the deceased as cut injuries caused by weapons and multiple bullet injuries. On receiving the information, the Officer-in-charge of the Police Station started the case, registered as Bandwan P.S. Case No. 21/10 and took-up the investigation himself and visited the spot, and made inquest. The body was sent was sent for postmortem. The postmortem report, which has been marked Exhibit '5' records several injuries under two heads, being "incised wounds" and "bullet injuries". In the column meant for recording the opinion of the Medical Officer in the "Model Post Mortem Report Form", as regards cause and manner of death, it has been recorded "due to shock and haemorrhage due to injuries already mentioned, antemortem and homicidal in nature." In the report, injuries on several parts of the body has been reported. In the column carrying the heading "Manner of causation of injuries", in the said Form, it has been specified "Injury No 1 to 5 caused by Heavy Sharp cutting substance and others caused by Fire Arm."
(3.) The case by the police was started on the basis of a written complaint of Ramchand Hansda, father of the deceased, who also deposed on behalf of the prosecution as P.W. 2. This case was started in relation to offences under Sections 302/34 of the Indian Penal Code, 1860 (IPC) and Sections 25/27 of the Arms Act, as it is revealed from the FIR. On 13th July 2010, at about 8.15 hours, the written complaint was lodged. On the basis of such complaint, formal FIR was registered, as FIR No. 21/2010. The written complaint has been made Exhibit '2' before the Trial Court whereas the formal FIR has been made Exhibit '7'. The translated version of the written compliant reads:- "Sir, It is my humble prayer that I, Ramchand Hansda, son of late Bilam Hansda, am the resident of village Mokopali under P.S. Bandwan, District Purulia. Yesterday on 12/7/2010, in the evening a meeting of Sangsad was going on in our village. At about 10 p.m. while all were returning home after completion of the meeting at the time 6/7 miscreants being armed with weapons dragged my son Srikanta Hansda (25 years) from Kuli Rasta towards Bhutka Dungri jungle. After sometime the sound of firing was heard. Being afraid of we did not go towards that place. Today on 13/07/2010 in the morning found the blood-stained deadbody of my son lying in the field of Lakshman Mandy which is situated from a little distance from our locality. There were cut injury caused by weapons and multiple bullet injuries on the person of the deceased. I cannot say as to who killed my son in this manner. I will inform if I get the news. Bangeswar Murmu of our village Makoplai has stated to our village people that he identified some of the miscreants. Therefore, it is my prayer to take action so that the murderers of my son get appropriate punishment.";