LAKSHMAN URAON, J. - (1.) BOTH the appellants have preferred this appeal against the judgment and order of conviction and sentence dated 21.1.1994 and 22.1.1994 passed by Shri Vikramaditya Prasad, Addl. Judicial Commissioner, Lohardaga in S.T. No. 287/93/12/93, whereby and where -under, both the appellants have been convicted and sentenced to go imprisonment for life under Section 302/34. IPC.
(2.) THE prosecution case as per the fardbeyan of the informant, Sahwan Ansari, PW 6, recorded on 30.8.1992 by S.I., Y.N. Singh, Officer -in -Charge, Kisko P.S. at about 9.15 p.m. at his village Chhatartoli is that on the same day at about 10 a.m. regarding cutting of the ridge of the field there was an altercation in between his son, Gafur Ansari (deceased) with his nephew, Imam Ansari and Shamir Ansari (both appellants) which was pacified by the informant. Both the nephew - appellants had threatened to see what happens till the evening. The informant brought his son, Gafur Ansari, to his home. After taking meal Gafur Ansari left for Semardih Bazar at about 2.50 p.m. to purchase chickens. After purchasing chickens at about 7 p.m. he was returning home and reached towards the West at a distance of 200 yards. This informant heard the voice of his son to save his life addressing his father (Bachao Ho Baba). At that time the West of the village and saw in the paddy field of Shiba Oraon which was situated at Parsha Chourabadhar, his son, Gafur Ansari, was fallen down by both the appellants, Imam Ansari and Shamir Ansari and they were giving Chhura blows on his person. The informant, his son and his wife when reached to the P.O. the informant asked Imam Ansari and Shamir Ansari as they assaulted his son, let he (informant) also be killed, then both the appellants fled away. The informant, his son and his wife saw the neck and face of Gafur Ansari cut having bleeding injuries. He uttered a sound (Bhaiya Ho) and thereafter he died. PW 4, Bibi Alaman, started weeping. The informant, PW 6, and his son, PW 3. Shakur Ansari, brought the dead body to their home. When the villagers assembled there then they informed them that both the appellants, Imam Ansari and Shamir Ansari murdered Gafur Ansari and fled away. The informant asked Mahal Chaukidar to inform the Police. On his information the Poliee came to his village where he informed about the alleged occurrence, which is the fardbeyan, Ext. 2/1. The prosecution has examined altogether eight witnesses in order to bring home the charges levelled against the accused person. PW 1, Sowrati Ansari and PW 2, Salik Ansari are the witnesses of the inquest report prepared by the I.O. at the village where the I.O. had gone in course of enquiry. PW 3, Shakur Ansari, is the son of the informant, PW 6, Sahwan Ansari. PW 4, Bibi Alaman, is the wife of the informant, PW 6. All these three witnesses, PWs 3, 4 and 6 are the eye -witnesses of the alleged occurrence. PW 5, Julekha Bibi, is the wife of the deceased, Gafur Ansari. She is a tendered witness as she had not gone to see Gafur Ansari where he was assaulted in the paddy field of Shiba Oraon at Parsha Chourabadhar because she was pregnant at that time. PW 7, Dr. M.M. Sen Gupta, conducted the post -mortem examination (Ext. 3) on the dead body of Gafur Ansari, whereas, PW 8, Yadunandan Singh, is the I.O. of this case. The defence has examined DW 1, Asim Ansari, who has stated that both the appellants had also gone to the house of the informant when they heard that Gafur Ansari was murdered and his dead body was brought to his home. This witness D.W. 1, Asim Ansari, asked both the appellants to escape from that place only because they were in inimical terms with the deceased and his family.
(3.) THE learned Court below relied on the evidence of the eye - witnesses, PWs 3, 4 and 6, supported by the medical evidence, PW 7, and also the place of occurrence proved by the I.O., PW 8, and convicted and sentenced the appellants.;