VISHNUDEO NARAYAN,J. - (1.) THIS appeal has been preferred by the appellants named above against the judgment dated 29.6.1990 passed in Sessions Case No. 150 of 1988/ 076 of 1989 by Shri Sheo Dayal Prasad Additional Sessions Judge, Pakur whereby and whereunder they were found guilty for the offence under Section 302/34 of the Indian Penal Code and they were con victed and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of P.W. 3 Baneshwar Murmu, the informant, recorded by Office -in -Charge, Muffasil P.S., District Sahebganj now (Pakur) on 27.1.88 at 10.45 hours at the P.S. premises regarding the occurrence which is said to have taken place on 26.1.88 at 19.00 hours at village Musamara in front of the house of P.W. 4 Sugi Soren, the widow of the deceased Budhrai Murmu. The prosecution case in brief is that P.W. 3, the informant was at his house at 19.00 hours on 26.1.88 and he, on the alarms of P.W. 4, Sugi Soren, his aunt, came to the place of occurrence and he saw both the appellants climbing on the chest of Budhrai Murmu who was fallen on the earth and appellant Vakil Murmu was pressing the neck of the deceased Budhrai Murmu and on his arrival both the appellants started to flee away from there leaving the deceased there. The prosecution case further is that the informant caught the appellant Budhrai Hembrom whereas the appellant Vakil Murmu fled away. It is also alleged that he found Budhrai Murmu dead. It is also alleged that on alarms several persons of the village came there and they had seen appellant Vakil Murmu fleeing away from the place of occurrence and, thereafter, chowkidar was informed. Thereafter, the dead body of the deceased Budhrai Murmu along with the apprehended appellant Budhrai Hembrom was brought before the Police Station. It is also alleged that there had been a quarrel and exchange of abuses between the deceased and the appellant Vakil Murmu about a month ago as appellant Vakil Murmu has damaged the "Soap" of the deceased and since then there was tension between them and due to this the appellants have committed the murder of the deceased by throttling his neck.
(3.) BOTH the appellants have 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 at the instance of P.W. 3, Baneshwar Murmu. It has also been contended that the deceased was a patient of T.B. and he has died a natural death due to his illness and the deceased was issueless and the appellant Vakil Murmu as well as P.W. 3, Baneshwar Murmu, the informant were the agnates and with a view to grab the entire property of the deceased P.W. 3, Baneshwar Murmu, the informant has falsely implicated the appellant Vakil Murmu and his father -in -law, the appellant, Budhrai Hembrom.;