LAKSHMAN URAON, J. - (1.) THIS Criminal Appeal has been prefered against the judgment and order of conviction and sentence dated 17th February, 1994, passed by the learned 1st Additional Sessions Judge, Chaibasa, in Sessions Trial No. 44 of 1992, convicting all the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life.
(2.) THE prosecution case, as per the Fardbeyan of the informant Mangal Singh Biruli (P.W. 9), is that on 5th August, 1991 at about 9.00 p.m. while he was at his home, he heard the cry of Kandey Biruli to save him. Then the informant informed Morang Singh Biruli, elder brother of Kandey Biruli. Morang Singh Biruli (P.W. 5) and the informant Mangal Singh Biruli (P.W.9) along with all the female members of his family, rushed towards Kandey Biruli. They saw Kandey Biruli fallen down. They also saw that appellant Duka Biruli, Balbhadro Biruli, Daso Blruli, Manki Biruli, Gere Biruli and the Lepe Biruli were assaulting Kandey Biruli, when the informant and others went there, all the assailants fled away. They saw Kandey Biwli dead, having sustained bleeding injuries on the forehead and abdomen. The alleged occurrence took place only due to ploughing of lands. Lepe Biruli was juvenile and hence was tried separately by the Juvenile Justices Court. The present five appellants were charged under Section 302/34 of the Indian Penal Code. The prosecution examined altogether twelve witnesses in order to bring home the charges against the appellants. P.W. 1 (Satranjan Chatterjee) is a formal witness, who has proved the formal First Information Report (Ext. 1). P.W. 2 (Kushal Biruli) is hearsay witness, who is father of deceased Kandey Biruli and uncle of the informant (P.W. 9). P.W. 3 (Jema Kui), mother of the deceased, is also hearsay witness. P.W. 4 (Kadma Kui) is a tendered witness. P.W. 5 Maran Singh Biruli, elder brother of deceased Kandey Biruli, is also hearsay witness. P.W. 6 (Jhingi Kui), wife of P.W. 5 (Maran Singh Biruli), is also hearsay witness. P.W. 7 (Kamla Kui) and P.W. 8 (Mirabali Kui) both are also tendered witnesses. P.W. 9 (informant) is the elder brother of the deceased Kandey Biruli. P.W. 10 (Chamara Manda) is hearsay witness whereas P.W. 11 (Dr. Arun Kumar Gupta) is the doctor, who conducted postmortem examination of the dead body of Kandey Biruli and the last witness P.W. 12 (Ram Pratap Singh) is the Investigating Officer of this case.
(3.) THE learned court below has only relied on the evidence of P.W. 9 (informant), who is the only eye witness of the alleged occurrence and considering the evidence available on record, found all the appellants guilty and convicted them and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code.;