D.N.Upadhyay, J. - (1.) HEARD the parties.
(2.) THIS criminal appeal has been directed against the Judgment of conviction and order of sentence dated 06.03.2002, passed by the District and Sessions Judge, Pakur in Sessions Trial No. 35 of 2001 whereby the appellants have been held guilty for the offence under Section 302/34 of the Indian Penal Code and sentenced him to undergo R.I. for life. The appellant namely Motilal Murmu has further been held guilty for the offence under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for three years. Both the sentences so passed were directed to run concurrently. The prosecution case, as it appears from the Fardbayan of Ram Lal Marandi recorded on 19.01.2001 at 21:00 hrs. in village Bhilai within the Police Station Maheshpur, District - Pakur is that on 19.01.2001 at 4:00 p.m., the informant and his brother Lelha Marandi (deceased), had suggested Motilal Murmu to settle the dispute prevailing between them and there will be no benefit to any of them if2 Criminal Appeal (DB) No. 163 of 2002 the matter lingers in Court.. Talk between Murmu and the informant was going on in alley (Gali) situated near their house. Motilal Murmu did not agree to the proposal whereafter exchange of hot words took between them. Motilal Murmu became furious, went to home and returned back with bows and arrows in his hand accompanied by the appellant Parmeshwar Murmu, Surin Murmu, Chunda Tudu, who were armed with axe. Lelha Marandi (deceased) was targeted first by Surin Murmu, who caused assault on his head by means of Tangi (axe). After having injuries, Lelha fell down. Thereafter, Chunda Tudu, caused assault to Lelha by means of Tangi. The informant raised alarm but he was shot by arrow by Motilal Murmu and sustained injuries on his right elbow. The appellants, after causing assault to Lelha, took the dead body and kept it in the courtyard of the house of Motilal. The reason behind the incident is the land dispute prevailing between the parties from before. On the basis of Fardbayan, Maheshpur P.S. Case No. 02/2001 under Sections 302/34 of the Indian Penal Code against all the appellants was registered and the investigation commenced. After completing investigation, the appellants were chargesheeted and they were directed to face trial for the offence punishable under Sections 302/34, 201/ 34 when they pleaded not guilty. Motilal Murmu was also charged for the offence punishable under Section 307 of the Indian Penal Code for causing injury to the informant.
(3.) THE prosecution has examined altogether ten witnesses and proved the inquest report, postmortem report and the other documents. 3 Criminal Appeal (DB) No. 163 of 2002 Som Marandi (P.W.-1), Nand Lal Marandi (P.W.-2), Pandu Marandi (P.W.-5) and Ram Lal Marandi (P.W.-8) Informant) have projected themselves as eye witnesses whereas Dr. Lalit Kumar Bhagat (P.W.-3) had conducted postmortem examination on 21.01.2001 on the dead body of Lelha Marandi and Dr. Vijay Shankar Prasad (P.W.-9) had examined the informant - injured and proved the injury report (Ext.-3). Kail Marandi (P.W.-4), Boka Marandi (P.W.-6), Rishivar Hansda (P.W.-7) who had claimed that they had witnessed part of the incident after hearing 'Hulla'. Gauri Shankar Tiwari (P.W.-10) happens to be the Investigating Officer. The findings of the learned Sessions Judge is mainly based on the evidence of P.Ws.-1, 2, 5 and 8 and, therefore, it is needed to give sum and substance of evidence of the aforesaid witnesses.;