Vishnudeo Narayan, J. - (1.) THIS appeal has been preferred by the appellants named above against the impugned judgment and order dated 26.5.2000 passed by Shri S.H. Kazmi, 3rd Additional Sessions Judge. East Singhbhum Jamshedpur in S.T. No. 373 of 1997 whereby and where under they were found guilty for the offence punishable under 302, 201 and 120B of the Indian Penal Code and they were convicted and sentenced to undergo RI for life for the offence punishable under Section 302 of the Indian Penal Code. However, no separate sentence was awarded to them for the offence punishable under Sections 201 and 120B of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 8) of PW 14, Kundi Hembram widow of Kanhai Lal Hembram, the deceased of this case recorded by PW 16 ASI, G.M. Ansari of Shyam Sun -darpur PS in the paddy field of Zamadar Hansda in village Bartaulia, PS Chakulia (Shyam Sundarpur), Ghatshila, East Singhbhum at 10.15 hours on 14.10.1996 regarding the occurrence which is said to have taken place in the night between 13th and 14th of October, 1996. The case was instituted on the basis of the formal FIR (Ext. 10) on 14.10.1996 at 16.00 hours and the formal FIR and the fardbeyan aforesaid though alleged to have been despatched from the PS on 14.10.1996 has been received in the Court empowered to take cognizance on 17.10.1996. The prosecution case, in brief, is that Kanhai Lal Hembram, the husband of the informant left his house at 17.30 hours on his Rajdoot motorcycle bearing registration No. BR -16A -2741 on 13.10.1996 telling the informant that he will come back to his house by 21.00 hours after making a stroll but he did not return as stated and there was an uproar in the village at about 10.00 o'clock in the day on 14.10.1996 that the dead body of Kanhai Lal Hembram aforesaid is lying in the water in the paddy field of Jamadar Hansda and on this information, the informant along with her family members and the co -villagers went there and found the dead body of her deceased husband there having sharp cut injuries on his head and forehead and blood was oozing also from his mouth and his clothes were also found to be torn and it appears that some unknown persons might have committed his murder by sharp cutting weapon and have thrown his dead body in the said field. It is also alleged that the said Rajdoot motorcycle has not been found as yet. The prosecution case further is that the deceased had told the informant about six days ago that he has advanced Rs. 20,000/ - to the appellant Kundi Murmu widow of Lapsa Murmu about two years ago for purchasing a 407 Maxi -Taxi and the appellant Kundu Murmu had delivered the said amount to her brother appellant Nandu Hembram @ Bhatar Hembram and a second hand 407 Maxi -Taxi was purchased by them. It is alleged that the deceased was pressing upon them to refund the said amount for the last few days but they were evading the repayment. It is also alleged that the deceased had not told her earlier about the said advancement out of her fear. The prosecution case further is that the informant was always preventing him not to go to the house of the appellant Kundi Murmu and, thereafter, he had disclosed to her that he goes to the house of the aforesaid appellant only with a view to get the aforesaid money back and the deceased had also informed in respect of the demand of the said money to PW 7, Karan Hansda. It is also alleged that the deceased used to take liquor and he used to visit the house of the appellant Kundi Murmu for taking wine and Haria and sometimes he used to stay and sleep in the house of the appellant Kundi Murmu for the night and he had also developed illicit relationship with the appellant Kundu Murmu and he was on visiting terms with the appellant Kundu Murmu for the last three years. It is also alleged that the informant thought that the deceased might have stayed in the house of the appellant Kundu Murmu when he did not return to his house as stated. It is also alleged that she learnt from the villagers that the deceased had gone to the house of the appellant Kundu Murmu at about 10.00 o'clock in the night and she has absolute reasons to believe that the appellant Kundu Murmu and her brother Nandu Hembram have committed the murder of the deceased with the help of other person by causing his death by sharp cutting weapon with a view to grab the said amount and they have thrown the dead body in the paddy field with a view to screen themselves from legal punishment.
(3.) APPELLANT Nandu Hembram was arrested on 17.10.1996 in course of investigation and he made his confessional statement before PW 15, the IO regarding His participation in the commission of the murder of the deceased along with other two appellant who were also apprehended on that very day from their house in village Pitajori and they have also made their respective confessional statement before PW 15, the IO and in pursuance of the confessional statement of the appellant Madhav Chandra Tudu, the tangi which is the weapon of assault without wooden handle was recovered from a place near Bhalikhal Dam by the side of the river concealed under the earth and seizure list (Ext. 7/2) in respect thereof was prepared in presence of PWs 10 and 11 and the witnesses aforesaid of the seizure put their signatures (Ext. 5 and 5/1) on the seizure list and the appellant Madhav Chandra Tudu also put his signature on the said seizure list and his signature thereon is (Ext. 5/2). The inquest report (Ext. 9) of the dead body of the deceased found in the water filled paddy field of Jamadar Hansda was prepared by PW 16, the IO and PWs 5 and 3 have witnessed the said inquest report and their signatures thereon are Ext. 1 and 1/1. In course of investigation the motorcycle bearing registration No. BR -16A -2741 was recovered. 300 yards sough from the house of PW 1 Haru Naik on 14.10.1996 and seizure list (Ext. 7) was prepared in respect thereof which was witnessed by PW 6, Basia and his signature thereon is Ext. 2. Blood stained earth was also recovered and seized as per Ext. 7/1 from the house of appellant Kundu Murmu as well as from the corner of north western outer wall of her house besides that blood stains were also found on a leaf of a plant 15 yards west from her house in presence of PWs 10 and 11 and their signatures on the said seizure list are Ext. 4 and 4/1 respectively. The deceased of this case is the resident of village Baragarias and all the three appellants are resident of village Pitajori which is 3 -4 kilometers away from the house of the deceased. The dead body of the deceased has been recovered from the paddy field of Jamadar Hansda which is in village Bartaulia situate south west from the house of the appellant in village Pitajori.;