HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment dated 19.6.1999 and order of sentence dated 25.6.1999 passed in Session Trial No. 195 of 1996 whereby and where under the learned Sessions Judge, Palamau at Dal -tonganj held the appellant guilty under Section 302 of the Indian Penal Code (IPC) and convicted and sentenced him to undergo RI for life and further held him guilty under Section 392, IPC and sentenced him to under go RI for eight years but directed both the sentences to run concurrently.
(2.) THE prosecution case in brief is that one Sakunti Devi gave a fardbeyan before D.D. Singh, officer -in -charge of Nagar Un -tari PS on 31.12.1995 at 5.00 a.m. in the morning at Nagar Untari PS that on the previous day, her husband (deceased) had received Rupees three thousand from Nagar Untari Block for construction of colony. Her husband came with the money in the evening and after giving meal to in -laws and children, she took meal with her husband. Her mother -in -law slept in the room lying west and in the eastern room, she with her nanad Lalti and children and, her husband slept in with room. At about 10.00 p.m. in the night, there was knock at the door and at the knock of the door, she along with her husband got frightened and out of fear, did not open the door. In the meantime, there was several push with legs three or four times, as a result of which, door opened -and two person entered the room. The miscreants standing on the door flash torch light in which she identified this appellant who was dressed in shirt and pant and had covered his body with chadar and was having pistol in his hand. The appellant asked her husband to part with amount which he had received in the Block; otherwise he will be shot at. Her husband handed over the amount to him but uttered that he recognizes him as why are you doing so, thereafter he shot one fire which hit the forehead of her husband and he fell down in the room. After firing, miscreants fled away towards river in the south; she thereafter raised alarm whereupon Sunder Uraon, Jagarnath Bhuiyan and others came and she narrated the occurrence to them and they went towards the house of this appellant. After sometime, they returned back and they took her husband by rickshaw to the hospital where her husband died in course of treatment. She and her nanad have seen another miscreants and she can identify that man. On this piece of fardbeyan, a case bearing Nagar Untari P.S. Case No. 104 of 1995 dated 31.12.1995 under Section 396, IPC was registered against Ram Gulami Ram and police after investigation submitted charge sheet under Section 396, IPC and con -gnizanee in the case was taken and the case was committed to the Court of Sessions. The learned Sessions Judge recorded the evidence -both oral and documentary -produced on behalf of both sides and ultimately came to a finding and held that appellants guilty under Section 302, IPC and convicted and sentenced him as aforesaid. Prosecution has examined altogether 13 witnesses. PW 1 is Lalti Kumari; she is sister of the deceased and nanad of the informant. She was sleeping with her brother 'schildren in the room. The appellant asked inmates of the house in the night on the alleged date of occurrence to open door, but they did not open the door, thereafter he gave push by legs, as a result of which, the door opened and he demanded money from his brother, out of fear, his brother gave money which was relating to the construction of colony. Thereafter her brother told the appellant that he recognizes him and asked him why you do like this. Thereafter the appellant fired from his pistol. She identified other man who was with him. Her brother Was taken to the hospital where he died. She says that she had seen the appellant from before and house of the informant and appellant lie at a distance of about 200 yards from each other. She has stated that she recognized the appellant from his voice and the miscreant had covered their body up to neck with chadar. One of the two miscreants had a pistol and he had concealed that pistol underneath chadar. She admits that there was land dispute with appellant.
(3.) PW 2 is Sakunti Devi. She is the wile of deceased Sitram Uraon as well as informant of the case. She has stated that miscreants raised alarm for opening the door but out of fear, none of them opened the door and thereafter miscreants pushed the door three to four times with leg, as a result of which, door opened. The appellant entered the room and he demanded money from her husband whereupon her husband uttered as to why he does like this and money is for construction of colony. She says that appellant was demanding money and he fired upon her husband and he was taken to the hospital where he died. She says that money was that of her Devar for construction of colony. After enquiry, payment was made to her Devar and her husband had kept the money with him. She says that money was received on Saturday and the same day, occurrence took place. According to her, two miscreants had turned up and one remained outside and other entered the room. She says that she identifies Ram Gulami Ram, the appellant by face. On demand of money, her husband out of fear gave money to the appellant. She admits that miscreants had covered their face with chadar but to a Court question she says that miscreants had covered pistol with chadar but not face. She identifies that men were of her village. She says that she disclosed name of the appellant at the PS.;