LAKSHMAN URAON, J. - (1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 5th August, 1997, passed by Sri Philip Topno, learned District & Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 394 of 1996, whereby and whereunder, the sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code as also under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for five years for the offence under Section 27 of the Arms Act. However, both the sentences have been ordered to run concurrently.
(2.) THE prosecution case is based on the Fard -beyan (Ext. 3) of the informant Suru Kui (PW 6), recorded on 29.8.1996 at 2.15 a.m. by S. K. Pathak, S.I., Mofassil Police Station, at Gunabasa in the house of Munna Deogam. The informant has alleged that on 28.8.1996 the villagers were celebrating Raksha Bandhan festival. At about 11.00 p.m. the informant and her mother were taking food and drinks. At that time, appellant Sadho Deogam came there and demanded Haria. The mother of the informant refused to provide the same, as it was too late at night. Sadho Deogam then Dpened fire with his pistol, causing injury on the head of Palo Kui, who fell down and died instantaneously. The prosecution has examined altogether eight witnesses in support of its case. Out of them, PW 1 Budhan Singh Deogam has deposed that at night he did not see Diku Deogam (PW 5), brother of the informant, at home when he went there. This witness was declared hostile. He was not informed by the informant as to who assaulted her mother to death. PW 2 Arjun Deogam is a seizure list witness in respect of the seized blood stained soil. PW 3 Ponda Deogam is a Village Munda, who has gone to the Police Station at that very night along with other villagers, where his statement was recorded on which he signed. He is a hearsay witness. PW 4 is Dr. Jawahar Khan, who has conducted autopsy on the dead body of Palo Kui and Ext. 2 is the Post Mortem Report. PW -5 Diku Deogam, although claims to be the eye witness, but in the Fard -beyan his sister (the informant) has not mentioned his name as eye witness, present at home. PW 6 Suru Kui is the informant, claiming herself to be the eye witness. PW 7 Mata Deogam is the cousin brother of the informant, who had gone to the house of the informant on hearing the sound of firing. He also claims that at that very night he along with other villagers went to the Police Station where his statement was recorded, on which he signed. PW 8 Anirudh Pd. Sharma is the Investigating Officer of this case.
(3.) THE learned Sessions Judge having relied on the evidence of PW 5 Diku Deogam and his sister Suru Kui (PW 6), coupled with the medical evidence of Dr. Jawahar Khan (PW 4), convicted the appellant for the offences under Section 302 of the Indian Penal Code and 27 of the Arms Act and sentenced him thereunder.;