- (1.) This appeal is directed against the impugned judgment of conviction and sentence passed on 24.09.2003 and 25.09.2003 respectively, by the Additional Sessions Judge, Fast Track Court-II, Chaibasa in Sessions Case No. 289/2000, convicting the appellants for committing the offence under Section 302/34 of the Indian Penal Code and has been sentenced to undergo R.I. for life and also u/s 324/34 of the Indian Penal Code for which they have been sentenced to undergo R.I. for two years, both the sentences were to run concurrently.
(2.) The prosecution case in brief is that on 07.06.2000 at about 8 p.m. appellant No. 2 Birsa Mundu having danda, along with Boai Mundu (absconding accused) with Dawli (sharp cutting weapon), and appellant No. 1 Johan Mundu came to the house of the informant. Birsa called wife of the informant Kairee @ Salmee Kue 'Dian', when the family members resisted. Boai, assaulted wife and daughter of the informant with Dawli, Birsa assaulted the informant with danda. Informant, his wife and daughter sustained injuries. Seeing such occurrence Mansukh Mora Munda elder brother of the informant (the deceased) who was sitting on his door intervened and warned the accused persons. On this, Birsa said that they were actually searching Mansukh The accused persons went towards the house of Mansukh. Birsa and Johan dragged Mansukh from his house. It is alleged that Johan caught hold Mansukh, Birsa assaulted him with danda and lifted his neck upward and then Boai cut the neck of Mansukh, due to which he died. It was further alleged that the accused persons used to call wife of the informant 'Dian' which was opposed by the deceased, informant and other family members due to which this occurrence took place, in which Mansukh died and the informant, his wife and daughter sustained injuries.
(3.) Mr. R.C. Khatri, learned counsel for the appellants assailed the impugned judgment on various grounds. He submitted that the cause of death is incised injuries caused by Dawli by absconding accused Boai and so far as the appellants are concerned, the allegation against them is of causing injury by danda and catching hold the deceased. He further submitted that the occurrence took place due to dispute and quarrel regarding witchcraft and there was no intention to kill the deceased and for that the appellants are languishing in jail custody for more than 11 years.;