- (1.) The present appeal has been preferred against the judgment of conviction and order of sentence passed by learned 3rd Additional Sessions Judge. Chaibasa dated 8.5.2003 in Sessions Trial No, 236 of 2001, whereby the present Appellant is punished for the offences punishable under Section 302 to be read with Section 34 of the Indian Penal Code for life imprisonment and also he is punished under Section 201 of the Indian Penal Code to undergo rigorous imprisonment for five years. Both the sentences have been directed to run concurrently.
(2.) If the case of the prosecution is unfolded, the same is as under: It is the case of the prosecution that on 18th December, 2000 at 10:30 a.m. one Sri Chaitu Samad (P.W.4) informed the police of Goilkera, district-Chaibasa that he is the son-in-law of deceased Sangi Gagrai and he saw that the house of deceased Sangi Gagrai was locked and the ox was tied outside the house. The cock and hen are inside the house. This fact was spread over in the village and the villagers began to search father-in-law, mother-in-law and brother-in-law of the informant. The matter was also reported to Village Munda (head of the village) namely, Saroj Kumar Nayak (P.W. 1). who held a sitting in the village and the villagers started searching out them. The villagers raised suspicion on Sao Gagrai @ Sahu Gagrai (original accused No. 1 and Appellant in this criminal appeal) and on interrogation by Village Munda, local chowkidar and the villagers present there, the present Appellant has stated that he has committed murder of all the three persons namely, Sangi Gagrai, Balma Kui and Shib Gagrai. This murder was committed with the help of one Bijay Bandia, who is the Appellant in Criminal Appeal (DB) No. 893 of 2003. It is also stated by the informant (P.W. 4) that the present Appellant has stated before the villagers that at night hours of Friday at 10:00-11:00 when Sangi Gagrai was taking Haria (a type of alcohol), the present Appellant along with his brother-in-law, namely Bijay Bandia (original accused No. 2- Appellant in Criminal Appeal (DB) No. 893 of 2003) came there with a weapon (chhura) and killed all the three persons and after committing murder, both of them took the dead bodies of all the three deceased at a distance of 500 yards in West direction from the house and in the paddy field, they buried the dead bodies. This has been done with a view to get landed property from the deceased. Upon the registration of the F.I.R., investigation was carried out, dead bodies of all the three deceased were recovered, statements of several witnesses were recorded and the charge-sheet has been filed against both the accused and upon evidence of the witnesses and other documentary evidences, both the accused were punished for the offences punishable under Section 302 to be read with, Section 34 of the Indian Penal Code as well as for the offences under Section 201 of the Indian Penal Code and against this judgment of conviction and order of sentence, original accused No. 1-present Appellant has preferred the present appeal.
(3.) We have heard learned Counsels for both the sides, at length and perused the records and proceedings of the trial Court.;