- (1.) Both the appellants having been convicted for an offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life on trial, have preferred this appeal.
(2.) The case starts with the fardbeyani (Ext. 4) of Sushanti Tiriya, PW 1. whose signature on the fardbeyan is Ext. 1, recorded in presence of Shambhu Nath Pingua. PW 2, whose signature on it is Ext. 1/1, is as follows. According to Ext. 4, recorded on 2.7.6.1995 at village Nayagaon, by the Officer Incharge R.P. Singh (PW 6) is that, her fua, father's sister, is married to Binu Singh Pingua, Her fua had no issue. The husband of her fua had two more brothers, namely, Urdu Pingua and Rup Singh Pingua and all the three brothers had separated their lands long back and after constructing their respective houses they were living separately. As her fua had no issue, so, Sushanti Tiriya, the informant, was living with her at Nayagaon since 10 years prior to the date of occurrence and her fua had born the cost of her education and she also used to do some house-hold work. Her fufa had 20 acres of land. After she started living in the house of her fua Kailash Pingua @ llias Pingua, son of Janardan Pingua usually came to her fufa's house and told her fua and fufa as to why they kept this girl (informant) and why they were not stopping her expenditure. Her fufa respondent that as he had no issue, so, he intends to Will all his land to her then the aforesaid Kailash Pingua threatened that if he tried to Will the property to Sushanti Tiriya then he would kill both Lei husband and wife. The brother of Kailash Pingua, namely, Sardar Pingua also used to come to threaten them. Binu Singh Pingua, fufa, Shanti Kui treated the informant as their own issue and both the them had never good terms with Kailash Pingua and Sardar Pingua. About 8 days prior to the date of recording of the fardbeyan Kailash Pingua had come to the house and had told the informant that she had no right to live in that house and why does she live in that house and again threatened her fufa as to why they had kept that girl. He also threatened that if he did not remove the informant, Sushanti Tiriya, from the house then he would kill both of them, because the right of inheritance to the property of fufa of the informant, was of Kailash Pingua and so, with the intention to grab all the properties of her fufa on the preceding night (of recording of the fardbeyan) the appellants alongwith a person who is generally called by name of Disco and whose address she did not know came into her angan. At that time her fufa Binu Singh Pingua and fua Shanti Kui were sleeping on the verandah of the house. When all the three aforementioned named persons started assaulting her fua, she cried to save her life. Hearing her cry she (informant) came out of the adjoining room and saw that Kailash Pingua @ llias Pingua was carrying a bhujali by which he killed her fufa and killed her fua by chhura and bhujali and that had caused instantaneous death of her fua and when she said that why they had done illegal acts then all three accused-persons told that if she would speak more then she would also be killed and thrown away. They also asked her not to disclose their names to any body. Then the informant became frightened and because of fear she could not go any where in the night. She further stated that the occurrence was seen by Sukumati Tiriya, her sister (PW 5) and one servant Durga Jarai (PW 3), who would tell the story. The claim of the informant was that in order to grab the property of her fufa and Jua Kailash Pingua @ llias Pingua and Sardar Pingua with the help of Disco had killed them by bhujali and chhura and after killing them the assailants fled away and at the time of fleeing they also done (awaj), which further frightened her. Then in the morning she told about the occurrence to manki of the village, namely, Som Nath Pingua (PW 2) and many other villagers. On the basis of the fardbeyan a formal FIR (Ext. 7) was drawn up. The police started investigation of the case. It appears that inquest reports was prepared in presence of Shobhanath Pingua whose signature (Ext. 1/2 and 1/3) is there no it then it also transpires that seizure of blood stained towel bed sheets, one of white colour and one of marun colour was made from the place of occurrence, i.e. in the house of the deceased Binu Singh Pingua by the Investigating Officer in presence of Shomnath Pingua (Ext. 6).
(3.) It further transpires that thereafter post mortem on the dead body was conducted by Dr. Jawahar Khan (PW 4). Doctor found the following injuries on the body of the deceased : (A) On the dead body of Binu Singh Pingua he found the following ante mortem injuries : 1. Incised wound 5" x 1" bone deep over chest front. 2. Incised wound 3" x 1" x 1" chest left side. 3. Incised wound 3" x 1" Viscera deep over chest left side. 4. Fracture of bones left forearm and wrist. 5. Incised wound 2" x 1/2" x 1/2" over right hand. On dissection : 1. Head and neck Intact. 2. Thorax Thoracic cage-above mentioned injury. 3. Plural cavity Haematoma. 4. Heart Empty and intact. 5. Lungs Pale and left lung punctured. In the opinion of the Doctor time passed since death within 36 hour cause of death shock and haemorrhage. Weapon used Sharp-cutting such as bhujali and daggers. (B) On the dead body of Shanti Kui the Doctor had found the following ante mortem injuries : External Injuries : 1. Incised wound 3" x 1/2" brain matter over scalp left side, brain substance protruding through the wound. 2. Incised wound 5" x 1/2" x 2" over face below left ear. On dissection : 1. Head and neck above mentioned injuries. 2. Thorax Thoracic cage intact. Heart intact and empty, Lung intact and pale. 3. Abdomen Liver intact stomach empty, U.B. empty Uterus Non-gravid. In the opinion of the doctor time passed since death within 36 hours and cause of death was due to shock and haemorrhage. Weapons used were sharp cutting such as bhujali. He has proved the post motrem report Ext. 2 and Ext. 2/1.;