VISHNUDEO NARAYAN,J. - (1.) This appeal has been preferred by the appellants against the judgment and order dated 10.6.1996 and 11.6.1996 respectively passed by Shri G. K. Verma, 2nd Additional Sessions Judge, Jamshedpur in Sessions Trial No. 179 of 1994 whereby and whereunder the appellants were found guilty for the offence punishable under Section 302/34 of the I.P.C. and they were convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext.2) of P.W.2, Jamuna Manjhi, the informant, recorded by P.W.9, P.B. Majumdar, A.S.I. Patmada P.S. on 24.7.1993 at 18.30 hours regarding the occurrence which is said to have been taken place on that very day at 12.30 hours in Village Telidih, P.S. Patmada, District -East Singhbhum and the said P.S. is at a distance of 29 kilometres from the place of occurrence. The prosecution case, in brief, is that Jamuna Manjhi, the husband of the informant and deceased of this case along with his son P.W.6, Indu Manjhi were ploughing his land at 12.30 hours on the day of the occurrence and P.W.2, the informant, the widow of the deceased, was uprooting the cattle feed plant in the said field. It is alleged that the appellant, Kandu Manjhi and his younger son Randhu Manjhi @ Sandhu Manjhi came there from the adjoining maize land of the informant, armed with Lathi and bow and arrow respectively along with the absconding accused, Tota Manjhi armed with sword and they are the agnates of the deceased and appellant, Kandu Manjhi assaulted the deceased by Lathi and absconding accused Tota Manjhi assaulted him by sword. The informant, (P.W.2) and her son Indu Manjhi (P.W.6) were chased by appellant Sandhu Manjhi armed with bow and arrow and they fled away towards the village and when they returned with the co -villagers, they found Jamuna Manjhi, the deceased of this case, fallen on the ground in the said field in injured state and both the appellants along with absconding accused Tota Manjhi were seen fleeing away from the said field. The genesis and motive for the occurrence is that the appellants used to allege that the informant is a witch and the wife of absconding accused Tota Manjhi is ill due to ghost as a result of witchcraft practiced by the informant and for that they have also a quarrel and assaulted her and her deceased husband prior to the occurrence. P.W.5, Ganesh Majhi and P.w.7, Thakur Manjhi have been alleged to have witnessed the occurrence in question.
(3.) THE appellants had pleaded not guilty to the charge levelled against them and they claimed themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case.;