S.J. Mukhopadhaya, J. - (1.) THE appellants, being dissatisfied with the judgment and order of conviction and sentence dated 22.8.1994 and 26.8.1994 respectively, passed by.Smt. Shakuntala Sinha. Additional Judicial Commissioner, Khunti (Ranchi), in Sessions Trial No. 100 of 1994/Tr. No. 62 of 1994, whereby, all the appellants have been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also to pay a fine of Rs. 1,000/ - each, in default whereof, to undergo rigorous imprisonment for six months and appellant Ram Munda has further been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years, with a direction to run both the sentences, awarded against appellant Ram Munda, concurrently, have preferred this appeal.
(2.) THE prosecution case, in brief, as per the fardbeyan of the informant Randai Mundain (PW 6), is that on 20th September. 1993 she along with her husband was sleeping in the verandah (Dhaba) of her house and children were sleeping inside the room. At about 10.00 p.m. she woke up on hearing the sound of opening of door (Darwaja) and saw that accused Ram Munda, Konde Munda, Sawna Munda and Mochi Munda, having dagger (Chaku) and axe (Kulhari) in their hands, came near her husband Rore Munda and told that they will kill both of them, as the son of Lusa Munda died because of their witch -craft. She (informant) protested and said that they were not witch, when all the four accused persons started assaulting her husband Rore Munda. On her protest, they also assaulted her (the informant) on her right cheek and shoulder with an intention to kill her and started pressing her neck. When she cried, her son, who was sleeping in the house, awoke, came out and saw the incident of assault and also identified all the four accused. Then the aforesaid four accused persons fled away. Her husband Rore Munda was found dead, having injuries on his person; at two places on the right side of neck below the jaw, at one place below the right eye, near the right temporal region, on the right side of head and near the moustache, below the nose. She found huge quantity of blood on the floor. She has further stated that the incident took place, because about a month back Moka Munda son of Lusa Munda had died of illness but according to the accused, the death took place because of their (informant and her husband) witch -craft. That was the reason to kill her husband and attempt to kill her (informant). The first information report was lodged on the next day i.e. 21st September, 1993 at about 11.30 a.m. After investigation, charge -sheet was submitted and the learned ACJM, Khunti. committed the case to the Court of Sessions for trial of the accused persons under the aforesaid sections. Altogether seven prosecution witnesses and one defence witness have been examined in this case. Dr. Umesh Chandra Sinha (PW 1) and Dr. Vijay Kumar (PW 2) have examined the informant and held post -mortem examination on the dead body of Rore Munda (deceased) respectively. Bhola Purty (PW 3) and Dimba Purty (PW 4) are two brothers -in -laws (Salas) of Rore Munda (deceased). They are hearsay witnesses. Randai Mundain -informant (PW 6) and her son Mochi Munda (PW 5) are two eye witnesses. Tej Narayan Singh (PW 7) is the Investigating Officer.
(3.) IT may be mentioned that one of the accused persons was also named as Mochi Munda son of Lusa Munda. The said Lusa Munda was a sole Defence Witness (DW 1). who has merely stated that the age of accused Mochi Munda was about 14 years and that is the reason that the case of accused Mochi Munda was separated for trial by a Juvenile Court. Rest of the accused are appellants, namely, 1. Konde Munda (appellant No. 1); 2. Sawna Munda (appellant No. 2); and 3. Ram Munda (appellant No. 3).;