VISHNUDEO NARAYAN, J. - (1.) THE appellants named above have preferred this appeal against the impugned judgment and order dated 4.5.1990 passed in S.T. No. 94 of 1985/T.R. No. 7 of 1966 by Shri Damodar Prasad, Additional Judicial Commissioner, Ranchi whereby and whereunder all the appellants were found guilty for the offence punishable under Sections 302/34 and 201/34 of the Indian Penal Code and they were convicted and sentenced to undergo RI for life for the offence under Section 302/34 of the Indian Penal Code but no separate sentence was imposed against them for the offence under Sec.201/34 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 4) of PW 13 Lauwa Oraon, the informant lodged before Kanke Police Station on 28.2.1980 regarding the occurrence which is said to have taken place on 27.2.1980 at about 19.00 hours in village Manha P.S. Kanke, District Ranchi regarding the commission of the murder of his brother Manna Oraon. The prosecution case, in brief, is that the informant along with Manna Oraon, the deceased of this case and Dhela Oraon (since dead) had gone to Jatlu Lohar, at Manha Tand Tola at about 16.00 hours on Wednesday i.e. 27.2.1980 for getting their respective furrow sharpen and Manna Oraon after sharpening his furrow returned from there as he had to carry his cattle. It is alleged that the informant and Dhela Oraon aforesaid were returning to their village together with their furrows at about 19.00 hours after 10 -15 minutes to the departure of Manna Oraon and at that time it was a moonlit night and when they reached in the eastern side of the village near a hut used for worship he found several persons of the village playing with lathi and when he was on the village road near the said hut he heard the cry of Manna Oraon aforesaid to save and rescue him and saw all the appellants carrying Manna Oraon with them and due to fear he along with Dhela Oraon did not go there and returned to their house and told his neighbours, namely, Pw 4. Malha Oraon, PW 2, Chakia Urain, PW 5. Bishun Oraon and others regarding the incident and asked them to accompany him to the place of occurrence but they told the informant that it has already become night and it is not proper to go there in the night and Manna Oraon aforesaid shall be searched on the following morning. The prosecution case further is that the informant in the company of Dhela Oraon went near the hut aforesaid on the following morning in search of his brother Manna Oraon but he did not find him there and in course of search PW 5, Madra Oraon told him that Manna Oraon is dead and directed him to go to the police station. It is alleged that, thereafter, the informant and Dhela Oraon went to his younger brother, PW 10, Tunna Oraon in village Tamp and informed him about the incident. It is also alleged that there was enmity existing and alive between Manna Oraon aforesaid on the one hand and the appellants on the other hand and due to the said enmity the appellants have assaulted Manna Oraon and had concealed his dead -body somewhere. It is also alleged that he is on litigating terms with the appellants in respect of the land and a proceeding under Sec.145 of the Cr PC is also subjudice between them.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity which is existing and alive.;