HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 24.1.1996, passed in Sessions Trial No. 137 of 1992, whereby and whereunder the learned 1st Additional Sessions Judge, Singhbhum (West), Chaibasa held the appellant guilty under Section 302 of the Indian Penal Code (IPC) and sentenced him to undergo R.I. for life and further held him guilty under Section 307 of the Indian Penal Code (IPC) and sentenced him to undergo R.I. for ten years and directed both the sentences to run concurrently.
(2.) THE prosecution case in brief is that Jasuka Dangbar gave fardbeyan on 4.8.1991 at 4.00 p.m. before the jamadar (SI) of Bandgaon Police Station in his house that on last Thursday at 7.00 p.m., Rajendra Guria (appellant) returned from the market and went to the house of Hanu Guria and threatened him for his murder and on the same day, Hanu Guria reported this matter to the villagers and, therefore, a meeting was arranged but as Munda and Bhanu were absent, the meeting so called could not be held. On the same day in the evening, this appellant came to the house of Jeevan Masi Dangbar and told Jasuka Dangbar (informant) to call Daya Sagar Dangbar as he wants to discuss with them and in pursuance thereof, the informant went to the house of Daya Sagar Dangbar and brought him and when they reached at the house of Jeevan Masi Dangbar, the appellant Rajendra Guria told them to go inside the room because he has to discuss with them and in pursuance thereof, the informant along with Jeevan Masi Dangbar went inside the house of Jeevan Masi Dangbar and appellant thereafter closed the door and took out knife and told that he would talk with them with knife and, thereafter he inflicted knife blow on the chest of Jeevan Masi Dangbar who was the brother of the informant and by this assault, Jeevan Masi Dangbar fell down on the ground and thereafter the appellant inflicted twice or thrice blow with knife on the informant and Daya Sagar Dangbar but luckily both of them managed to escape from there and came to their house and fell down on the ground. On arrival of the villagers, all of them went to the house of Jeevan Masi Dangbar who was lying dead. The matter was reported to the police and the police visited the place of occurrence and found the dead body of Jeevan Masi Dangbar and police recorded the fardbeyan of informant. On the basis of fardbeyan, a case bearing Bandgaon Police Station Case No. 24 of 1991 dated 4.8.1991 was registered under Sections 324/307/302, IPC and after investigation, police submitted charge sheet and the learned Sub - divisional Judicial Magistrate, Chakardharpur took cognizance and transferred the case to the Court of R.N. prasad, learned Judicial Magistrate, from whose Court, commitment of the case to the Court of Sessions was made. The learned Court after recording evidence -both oral and documentary -came to a finding and held the appellant guilty under Sections 302 and 307, IPC and sentenced him accordingly The judgment has been assailed on the ground that the learned Court below did not appreciate the point that even eyewitnesses have been tendered in this case. The judgment has further been assailed on the ground that the manner of occurrence has not been proved nor place of occurrence. It has also been assailed on the ground that it cannot be believed that one person can prevail upon three persons and commit murder of one and can inflict injuries on two other persons. It is a nice piece of fabrication of the case and learned Court below has failed to appreciate this point. I.O. has not been examined in this case and prejudice has been caused to the appellant.
(3.) THE prosecution has examined seven witnesses. PW 1 is an injured as well as an eye -witness. PW 2 is hearsay witness. PW 3 is also a hearsay witness. PW 4, who is informant as well as injured is an eyewitness. PW 5 is Dr. Lal Bhadur Manjhi who has examined on the person of the deceased. This PW has also examined the injured Daya Sagar Dangbar. PW 6 and PW 7 are formal witnesses.;