- (1.) THIS appeal at the behest of both the appellants is directed against the judgment and orders dated 13.5.1994 passed by Sri S.K. Mishra, the then Addl. Judicial Commissioner, Lohardaga, in S.T. No. 647 of 1992, whereby and whereunder they have been convicted under sections 302/34 of the Indian Penal Code, on the charge of committing the murder of Naresh Munda in furtherance of common intention, and sentenced to undergo rigorous imprisonment for life.
(2.) BRIEFLY put, the prosecution case, as made out in the fard -beyan (exhibit 7) of Dhadhura Munda (the informant) recorded by the then Officer -in -charge of Kisko Police Station, namely, Y.N. Singh, on 15.5.1992 at 4 AM at village Salaiya Kasi Tam, within Police Station Kisko, district Lohardaga and as elucidated in evidence is as under : Appellant Gandura Munda is the father of co -appellant Tetra Munda. The informant with his family, the appellants and deceased Naresh Munda lived in separate rooms in their joint family house, situate at village Salaiya Kasi Tanr with common court -yard. The portions of the house in their occupation had separate exit to the court -yard. The deceased Naresh Munda was the youngest brother of the informant Dhadhura Munda, while appellant Gandura Munda is his elder brother. The informant was in his room on 14.5.1992 when at about 8.30 PM he over -heard the altercation and quarrel between the appellants, on the one hand, and Naresh Munda, on the other, over some past events, whereupon the informant came into the common court -yard and he found that the appellant Gandura Munda was catching hold of Naresh Munda, while Tetra Munda, the other appellant, dealt 3 -4 are blows to Naresh Munda, who fell down, after sustaining the wounds. The informant further alleged in the fard -beyan that on the instigation of Gandura Munda, his son Tetra Munda cut more than half portion of the back of the neck with axe .and, ultimately, Naresh Munda died instantaneously on the spot. Meanwhile, Chintamani Devi (PW.1), wife of the informant, had witnessed the murderous attack on the deceased and she ran out of the home and rushed to the nearby house of Bandhan Lohar (P.W.2), the Chowkidar, and narrated the incident to him. Meanwhile, both the appellants chased the informant to assault him, who raised hue and cry and reached the house of the Chowkidar and narrated the whole incident to him. Thereafter the Chowkidar (P.W. 2), Fagun Munda (P.W. 12), Etwa Munda (P.W. 6) and other villagers arrived and with their assistance the Chowkidar (Bandhan Lohar) snatched the blood stained Tangi, the weapon of offence, from the possession of appellant Tetra Munda, and both the appellants/accused were nabbed and information about the occurrence was given by the informant to the police station through some villagers, namely, Fagun Munda (P.W. 12) and Pitambar Nayak (P.W. 3). On the information, so received, at the police station, the Police Officer (P.W.13) after recording the Station Diary entry No. 304 dt. 15.5.1992, with police force, went to the spot and recorded the fard -beyan (exhibit 7). On its basis, the present case came to be instituted, the formal first information report (exhibit 8) was drawn up, the police officer (P.W. 13) assumed and commenced the investigation, inspected the place of occurrence, held inquest over the dead body and sent the dead body for post -mortem examination, took charge of the small axe, the alleged weapon of offence, under production -cum -seizure list (exhibit 9). On completion of investigation, charge -sheet was laid in court against the accused/appellants. The case was, ultimately, committed to the court of Sessions by Sri Ramjee Prasad, the then Sub -divisional Judicial Magistrate, Lohardaga, on 12.8.1992. The main defence is of innocence, bare denial of the involvement/participation of the accused/appellants in the occurrence and of false implication.
(3.) AT the trial, the prosecution examined 13 witnesses in support of its case. Out of them, P.W. 5 (Ram Nath -Naik) P.W. 8 (Birendra Lohra), and P.W. 9 (Vinod Munda) are tendered witnesses. P.W. 1 (Chintamani Devi), wife of the informant, is the sale eye -witness to the alleged assault made on the deceased. The other P.Ws. are : P.W. 2 (Bandhan Lohar), the Chowkidar, P.W. 3 (Pitambar Naik), P.W. 4 (Timbu Naik), PW. 6 (Etwa Munda), P.W. 7 (Baldeo Lohra), P.W. 10 (Shri Viswanath), the then Judicial Magistrate, who recorded the statement of the informant, Dhadhura Munda and P. W. 1 (Chintamani Devi) under section 164 of the Cr. PC., P.W. 11 (Dr. Sunil Minz), who held autopsy on the dead body of Naresh Munda, P.W. 12 (Fagun Munda) and P.W. 13 (Yadu Nandan Singh), the Investigating Officer. The defence, on the other hand, examined no witness.;