Prakash Tatia, A.C.J. - (1.) THIS Criminal Appeal No. 167 of 2000(DB) has been preferred against the judgment of conviction and order of sentence dated 4 February, 2000 passed by 3rd Additional Judicial Commissioner, Ranchi in Sessions Trial No. 200 of 1995 (Transfer No. 122 of 1997), by which the Appellant Pairo Oraon @ Pandu Oraon @ Daud Oraon was convicted for committing the offence punishable under Section 302 Indian Penal Code as well as under Section 27 of the Arms Act. In another connected appeal i.e. Criminal Appeal(DB) No. 144 of 2001, Lallu Tamba @ Munda, who has been tried with the Appellant - Pairo Oraon @ Pandu Oraon @ Daud Oraon, was also convicted for the same offence and both the Appellants have been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and have been awarded three years rigorous imprisonment under Section 27 of the Arms Act and both sentences were made to run concurrently.
(2.) THE brief facts of the case are that Durga Munda(PW -9), the informant, gave Fardbayan to Sub Inspector Sudarshan Prasad, Officer -in -charge, Hatia Police Station on 6.7.1994 at 10.30 a.m. at village Katratoli, PS -Hatia (Ext.4). Durga Munda stated that in the preceding night of 5 July, 1994 at 7.30 p.m. when he was preparing for evening meal inside his house and his daughter -in -law Caundari Mundain was doing household work with him, he heard two gun shots fire which came from the eastern side of the village and hearing those gun shots fire he came outside the house and noticed that his son Paras Nath Munda, who was injured in his abdomen, was coming towards the house, who disclosed that in the eastern side of the village near Devisthan in a Khalihan Pairu Oraon has opened fire on him and Lallu Tamba has opened fire on Bhuwal Oraon and one Mansukh was also with them. After telling so, the informant's son Paras Nath Munda fell down and the informant tried to get him in sense by touching the body of Paras Nath Munda but the body was quite. In this situation, he shouted for help on which co -villagers Vijay Tirky, Ram Munda, Daud Linda came in the house of the informant and they disclosed that at the time of occurrence they were along with Paras Nath Munda and were going to the well situated at the eastern side of the village in order to wash their feet. They told that three persons named above armed with pistol came and had a talk with Paras Nath Munda and then Bhuwal Oraon was coming from the local market and Lallu Tamba on noticing Bhuwal Oraon opened fire from his pistol which hit Bhuwal. Paras Nath Munda tried to save but Pairu Oraon opened fire upon Paras Nath from his pistol, which hit Paras Nath in the abdomen. They also told that Mansukh was also armed with pistol. However, after causing injuries, referred above, all accused persons ran away towards east. In the Fardbeyan, it was disclosed that in the preceding year, in the month of July, Lallu Tamba and Bhuwal Oraon had some fighting with the accused persons and at that time matter was sorted out but because of this enmity, these two persons have been killed by the accused. On the basis of the said Fardbeyan, Hatia PS Case No. 123 of 1994 dated 6 July, 1994 under Section 302 Indian Penal Code and Section 27 of the Arms Act was registered against the Appellants -accused persons and a formal FIR was drawn, which is Ext. 6. The police after preparing the inquest reports, took up investigation of the case, sent the dead bodies for Post -Morten examination and after recording the statement of the witnesses, submitted charge sheet and ultimately the case was committed to the court of Sessions by the Judicial Magistrate, 1st class, Ranchi. The Charges were framed, read over and explained to the accused persons and the Appellants were charged under Section 302 IPc and the Appellants and 3rd accused Mansukh Oraon pleaded not guilty and sought for trial.
(3.) THE prosecution produced eleven witnesses, namely, PW -1, Fanindra Munda, PW -2 Nago Munda, PW -3, Mahabir Munda, PW -4, Caundri Mundain, PW -5, Dr. Niranjan Minz, PW -6, Sukro Orain, PW -7, Bijay Munda, PW -8, Ram Munda, PW -9, Durga Munda, PW -10, Rama Oraon and PW -11, Sudarshan Prasad. The prosecution also produced the relevant documentary evidence, including, Fardbeyan, FIR, Inquest report, seizure lists and post mortem report. The statement of accused were recorded under Section 313 Code of Criminal Procedure. and all the accused denied even occurrence of the incident and alleged that they have been falsely implicated due to the enmity between the parties.;