- (1.) This Criminal Appeal is directed against the judgment and order of conviction and sentence dated 29.8.1991 and 4.9.1991 respectively, passed by the learned 2nd Additional Sessions Judge. Singhbhum (W) at Chaibasa, in Session Trial No. 263 of 1989, where by, both the appellants have been convicted under Section 302 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.
(2.) The prosecution case, as per the statement of informant Kapila Majhian (PW-5), daughter-in-law of the deceased Sukhi Majhian. is that on 15.9.1988 at about 12 noon she was drying paddy on the road in front of the house of appellant No. 1 Ram Soren alias Kanchan Manjhi. At that time appellant No. 1 Ram Soren alias Kanchan Manjhi had just returned after treatment of his disease and told his brother appellant No. 2 Lachman Soren alias Langra Manjhi that he would not be recovered from his illness because the mother-in-law of the informant is witch (Dain) and had done evil acts upon him. When informant heard this, she went home and narrated the same to her mother-in-law Sukhi Majhian (since deceased), who then came out on the road and protested, resulting exchange of hot words between the appellants and the deceased. When Sukhi Majhian proceeded towards her house, the appellants followed her up to the Angan and started giving blows with danda and pathalbari (Khanti) on her head and back, resulting in her death. Ram Soren alias Kanchan Manjhi assaulted her with danda and Lachman Soren alias Langra Manjhi assaulted her with pathalbari (Khanti). When the informant protested, then she was also assaulted by both the appellants with pathalbari (Khanti) on her head and with danda on her hand. At that very moment, neighbour Nagi Majhian came and saved her. who also saw the alleged occurrence. At the time of alleged occurrence, there were informant and her mother-in-law. When she was assaulted with pathalbari by Lachman Soren on her head, the wooden portion of pathalbari broke and fell down and became semi- unconscious. When she regained her 'Hose' (consciousness), then she went to the Village Munda Birendra Nath Birwa (PW-1) and informed about the alleged occurrence. Later on. when her husband Thakur Manjhi (PW-3) returned back to home, he was also informed about the alleged occurrence by his wife (the informant). Her husband Thakur Manjhi (PW-3) along with Village Munda (PW-1), namely. Birendra Nath Birwa. went there and saw the dead body of her mother-in-law. The villagers and neighbours, namely. Buidu Manjhi, Dukhia Manjhi etc. also saw the dead body, who were also informed about the alleged occurrence by the, informant that Ran Soren and Lachman Soren, both brothers, together caused the murder of her mother-in-law. When she went to save her mother-in-law, then she was also assaulted. Thereafter, she along with the Village Munda Birendra Nath Birwa (PW-1). her husband Thakur Manjhi (PW-3) and cousin brother of the Village Munda (PW-1) went to the Police Station and informed the matter. Her statement was recorded by the Officer-in-Charge. Manjhari Police Station. On her statement, she gave her L.T.I. and Village Munda Birendra Nath Birwa (PW-1) put his signature (Ext. 1).
(3.) After investigation, the Investigating Officer submitted charge-sheet against both the appellants under Sections 302/447/323/34 of the Indian Penal Code. However, charge was framed only under Section 302 of the Indian Penal Code against both the appellants. They pleaded not guilty and claimed to be tried, in course of their examination under Section 313 of the Code of Criminal Procedure. They have been put detail questions regarding the evidence, brought on the record against them, to which they have denied.;