- (1.) 1.The appellants on their being convicted on trial for offences under sections 302/34 and 201/34 of the Indian Penal Code and being sentenced for life imprisonment and 7 years R.I. respectively for both the offences have preferred this appeal. However, both the sentences were to run concurrently.
(2.) THE prosecution case starts on the basis of an F.I.R. (Ext. 5) of Lalji Hembrom (P.W. 7) lodged on 12.8.1994 at 11.30 hours at Manoharpur police station, which discloses that his brother Bhagu Hembrom (aged about 35 years) had gone to Konaina Primary School on 10.8.1994 on a bicycle to teach and he did not return on that day. Thereafter, the informant thought that due to rain he had not come but he did not return even on next day i.e. Thursday during the time of returning from the school then he became anxious and started making enquiry from the teachers in the village and also tried to locate him at different places. On the day of filing the F.I.R. in the morning at about 7 A.M. he along with his cousin Gomia Hembrom (P.W. 11), Budhlal Hembrom (P.W. 10), Suresh Hembrom (not examined) and one villager Chandra Mohan Topno went in search and in course of searching out of his brother they reached about 200 Metres away from Posaita 'HAT' and noticed blood spots on the leaves that had fallen on the road as also on the earth then on search about 540 Metres. South on a hill from the place he found the bicycle, one pair of Chappal, Umbrella hidden. Seeing this the" informant was convinced that his brother had been killed. His brother Bhagu Hembrom had informed him about one week ago that Shyam Charan Hembrom, son of Ramu Hembrom, Limbu Hembrom. Butan Hembrom and Dadu @ Kirani @ Vijay Hembrom son of Durga Hembrom, all residents of Sonpokhari, police station Manoharpur, District Singhbhum (West), had demanded Rs. 5000/ - from his brother as Rangdari and on his refusal they had threatened him to kill and his brother never wanted to pay money. Then all these three above mentioned were searched out in the village but from the date of the occurrence, they were found absent from their respective houses and all the three on 10.8.1994 at 5 to 5.30 hours were seen by some persons coming from the side of Posaiya hat and again about 7 they were seen going towards HAT Therefore, the informant had believed that these three persons had killed his brother for non -paying of the Rangdari tax and had concealed the dead body of his brother some -where else. The signature of the informant appears on the fardbeyan, which is marked as Ext. 4/2. It appears that the police on 12.8.1994 at about 14.30 hours had seized one black colour Hercules cycle bearing no. R.H. 88449, one black colour folding umbrella and one pair of Hawai Chappal of blue colour kept concealed in a bush away from the place, which was about 200 Mtrs. east to 50 Metres up on hillock of Posaiya hat vide Ext. 6 in presence of Shashi Bhushan Mahto, who put his signature thereon (Ext. 1/1). These all materials were handed over to the informant on Jimanama vide Ext. 6.
(3.) IT transpires that thereafter a confessional statement of one of the accused, namely, Dadu @ Kirani @ Vijay Hembrom was recorded by the police vide Ext. 8, on 13.8.1994 at 6.30 hours at Tumsai Manoharpur. According to him he has four brothers, eldest is Damu then Dandu then himself and youngest is Suresh Hembrom. He had two sisters, namely, Hema and Balia and they were married and he is illiterate. He had Maidhiya lands. He had land in Hipihoda in the State of Orissa. His father lives there to look after the cultivation. Shyam Charan and Limbu of his village were always roaming in the village and were spending money. Shyam Charan Hembrom and Limbu Hembrom are his cousin and uncle respectively and two months ago he had developed friendship with them. Thereafter, he alongwith Limbu Hembrom and Shyam Charan Hembrom was roaming here and there and extorting money from different persons for taking Hadia and people out of fear did pay them money because Shyam Charan Hembrom also used to keep a pistol and he had contact with the criminals of out side. About 10 days ago when these three persons were in Posaita HAT, they met Magu Hembrom, the deceased of this case, who was his cousin in relation, they demanded Rs. 5000/ - from him then he expressed his unwillingness. Even thereafter they met him twice and demanded Rs. 5000/ - but he was making different excuses and was disclosing this fact of demand of money to others. Thereafter, Shyam Charan Hembrom made a proposal to kill Magu Hembrom (a teacher) on which he and Limbu Hembrom agreed. Then Shyam Charan Hembrom brought two Bhujali, he brought two arrows and one bow from his house and at about 3.30 P.M. went to the house of Sini Kui (P.W. 2) and drank Hadia heavily there and, thereafter, at about 4 P.M. they went on the Kucha road and sat under a tree waiting for Bhagu Hembrom who had to return from Konaina School. Magu Hembrom came at about 5.30 P.M. on his cycle and one umbrella was hanging on the cycle and as he came near them Shyam Charan Hembrom taking out the arrow from his hand shot on the teacher which did not hit him then they all three ran towards the teacher and caught him on the Kuchhi road. Shyam Charan Hembrom caught the hair of the teacher and then told 'BACHA UNJAI UDI'. In the meanwhile Limbu Hembrom gave him two Bujali blows and he also gave him two Mujali blows. Bhagi Hembrom fell down and died instantaneously. Thereafter, Shyam Charan Hembrom taking Bhujali from his hand severed his head from his trunk and, thereafter, about 25 feet away threw his dead body and also concealed the cycle, umbrella and Chappal at about 250 Metres away in the South of the hillock. Thereafter, all the three went to the house of Shyam Charan Hembrom at Sonpokhari and Shyam Charan Hembrom took a two cell torch from his house and thereafter they went to the shop of Budhu Sao (P.W. 4) and demanded two big sacks from him and on the saying of Shyam Charan Hembrom Budhu Sao emptied the sacks and gave him two sacks alongwith Sutali. Thereafter, all the three accused persons went towards Hat carrying sack and Sutali to a place where there was a temporary shop under the shed of Bar tree and from that shop they uprooted 6 feet long Danda of Asan wood and again went to the dead body and then all the three put the trunk of the body of Magu Hembrom into a sack and carried it to the tank of Somra Oraon, which was about 1 K.M. east from there and put the dead body in the centre of the tank where there was about 5 feet deep water and also put an iron slipper of railway line taking it from the railway on that sack and while returning they carried the head of Magu Hembrom and dropped it into the well situated at Posaiya hat, so that no body could discover the dead body. He further stated in his confessional statement that he would show the trunk of the dead body of Magu Hembrom, his head and also arrows left at the place of occurrence.;