- (1.) THIS appeal arises out of the judgment of conviction and order of sentence dated 9-12-2003 and 20-12-2003 respectively, passed by learned Additional Judicial Commissioner-II Khunti, in Sessions Trial No. 487 of 2000, convicting the appellants under Sections 396/397 of the Indian Penal Code and sentencing them to undergo R.I. for life under Section 396 IPC; and 10 years R.I. under Section 397 IPC. Both the sentences were to run concurrently.
(2.) THE prosecution case in short is that Pradeep Prasad Sahu (informant-P. W-2) gave fardbeyan at 3 a.m. on 7-6-1997 that in the last night, when he and his family members were sleeping in the house, at about 11.30- 12.00 on the crying of his father (Radhika Sahu-deceased), he opened the door. In the meantime, 10-12 dacoits entered into the house and started to assault him and his father. On "hulla", his elder brother (Raj Kumar Sahu-deceased) also came out and 3-4 dacoits took him outside the house and assaulted him. due to which he fell down unconscious. THEy demanded money and jewellery. Out of fear, the informant gave the keys of Almirah. THE dacoits took away ornaments, utensils, clothes and Rs.35,000/- cash. THEy also assaulted other members of the family. After departure, two dacoits came back and committed murder of his brother-Raj Kumar Sahu and then committed murder of his father Radhika Sahu by tangi. All the dacoits then ran away with looted articles. THEy were in 30-35 in number. All were looking like Adiwashi and were speaking local and Hindi language. One of the dacoits was aged about 13-14 years. THE dacoits had covered their face by cloth. THEy were armed with tangi, lathi and sword. Out of the dacoits, the appellants were identified in the light of the lantern. While running away, the appellants told that they had already killed two persons and one person escaped. On the basis of the fardbeyan, police instituted a case under Sections 396/397 IPC. By order dated 10-6-1997, offence under Section 412 IPC was added. Initially the case was instituted against these appellants. After investigation, police submitted charge- sheet against the appellant-Tepa Munda and two others and against appellant-Ghashiya Munda and others showing them absconder. Supplementary charge-sheet was submitted against Ghashiya Munda being charge sheet No. 19/98 dated 15-10-1998 under Section 396/397/412 IPC. Cognizance was taken against 23 accused persons. 20 accused persons including the appellants faced the trial. The case of remaining absconding accused was separated. The accused persons denied the charges and were put on trial. The appellants were convicted as aforesaid and 18 accused persons were acquitted. Learned counsel for the appellants assailed the impugned judgment on various grounds. He submitted that the I.O. and the Magistrate who conducted T.I. Parade, have not been examined in this case. He further submitted that some of the witnesses said that they learnt the names of the appellants from the informant and that the appellants have been falsely implicated in this case due to enmity.
(3.) ON the other hand, counsel for the State supported the impugned order. The prosecution examined 11 witnesses. P.W.-1-Berjo Hazam is the witness to the inquest report of Radhika Sahu. P.Ws. 7 and 8-Deepak Kumar Sahu and Rajesh Kumar Sahu are not the eye- witnesses. However, they supported the incident. P.W-6-Shobha Devi was a guest in the house of the informant. She also supported the incident. She inter alia said that she hid herself in the kitchen. The dacoits had farsa and torch. She was also assaulted. She said that the dacoits killed Raj Kumar Sahu and Radhika Sahu. P.W-9-Dr. Bijay Kumar Prasad is the doctor, who conducted postmortem on the two deceased. He found five sharp cut injuries on the vital parts of the body of Radhika Sahu caused by sharp cutting weapon like tangi/ farsa on vital parts of the body such as neck, abdomen and head, including two injuries on the upper arms. The doctor also found 7 sharp cut injuries on the body of Raj Kumar Sahu caused by heavy sharp cut weapon such as tangi/farsa on vital parts of the body, such as neck, chest and head including one injury on the shoulder and one on the palm. He has also supported the prosecution case.;