- (1.) BY Court. These appeals arise out of the judgment of conviction and order of sentence dated 19.02.2003 and 28.02.2003 respectively, passed by learned Additional District and Sessions Judge, Fast Track Court no. II, Jamshedpur, Singbhum East, in Sessions Trial No. 38 of 2000, convicting the appellants under section 302/34 of the Indian Penal Code and sentencing them to undergo R.I. for life.
(2.) THE prosecution case in short is that on 16.4.1999 at about 9.15 A.M., P.W. -1 -Kutubddin Ansari ( elder brother of the deceased) lodged a fardbeyan. He said that there was some dispute between the deceased -Salimuddin and the wife of the appellant -Balram Mahato about 2 and 1/2 months back regarding taking water from hand pump ( chapakal). After about 15 days, the appellant -Balram Mahto in intoxicated condition came to the house of P.W -1 and asked regarding whereabouts of the deceased. Thereafter, he threatened with dire consequences. When P.W -1 along with his brother P.W -2 and the deceased were returning from mela at about 3 A.M. in the night, the appellants assaulted the deceased by Tangi causing repeated tangi injuries on neck, temple, chest and killed him. The occurrence was witnessed by P.W -2 and other villagers. Mr. Laljee Sahay, learned counsel for the appellants, assailed the impugned judgment on various grounds. He submitted that P.W -2 has been projected as an eye witness but he himself has admitted that he is not an eye witness. It is also doubtful whether P.W -1 is an eye witness or not. He therefore submitted that the appellants have been falsely implicated in this case. The evidence of P.W -1 is not corroborated by the evidence of P.W -2 and the Doctor -P.W -11 inasmuch as there is no allegation of causing any stab injury, whereas the Doctor has found stab injury also.
(3.) ON the other hand, Mr. Amaresh Kumar, learned counsel for the State, supported the impugned judgement.;