VISHNUDEO NARAYAN, J. - (1.) BOTH the appeals aforesaid have been preferred by the appellants named above against the Impugned judgment and order dated 31.8.1998 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumia in S.T. No. 122 of 1997 whereby and whereunder appellant Jaleshwar Sahu @ Charka Sahu was found guilty for the offence punishable under Sec.302 of the Indian Penal Code and he was convicted and sentenced to undergo RI for life whereas appellant Azad Ansari was found guilty for the offence punishable under Sec.302/34 of the Indian Penal Code and he was convicted and sentenced to undergo RI for ten years.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of PW 7, Manoj Kumar Sahu, the informant and nephew of Rajendra Prasad Sahu, the deceased of this case recorded by S.I Saryu Pandit of Bharno P.S. on 26.1.1997 at 19.30 hours at Ambwa Karan Tungri Bazar Tand within Bharno P.S. regarding the occurrence which is said to have taken place on that very day at 17.00 hours at the said place in which Rajendra Prasad Sahu was done to death. The case was instituted by drawing the formal FIR (Ext. 6) on that very day and the said formal FIR and the fardbeyan was received in the Court empowered to take cognizance on 27.1.1998 the signature of the informant on the fard -beyan aforesaid is Ext. 3 and Tulsi Prasad Sahu has witnessed the said fardbeyan and his signature thereon is Ext. 3/1. The prosecution case, in brief, is that the informant had gone to Ambwa Karan Tungri Bazar Tand on 26.1.1997 at 16.30 hours to make purchase and his uncle Rajendra Prasad Sahu who is the deceased of this case has also gone in the said market for purchasing vegetables. It is alleged that there was an uproar at the eastern flank of that market and the informant went there and saw appellant Azad Ansari and co -accused Paras Nath Sahu having altercation with Rajendra Prasad Sahu aforesaid who was prevailing upon them not to have altercation and in the meantime appellant Jaleshwar Sahu @ Charka Sahu armed with sharp cutting pointed gupti came there. It is alleged that appellant Azad Ansari and co -accused Paras Nath Sahu caught Rajendra Prasad Sahu aforesaid the moment appellant Jaleshwar Sahu @ Charka Sahu arrived there and asked him to assault Rajendra Prasad Sahu and on this abetment appellant Jaleshwar Sahu @ Charka Sahu gave a blow at the right chest above the abdomen from the said gupti with the intention to commit his murder as a result of which Rajendra Prasad Sahu became injured and fell down. The prosecution case further is that PW 9, Lal Bahadur Sahu. PW 4, Upendra Sahu, PW 3 Raj Kishore Singh Munda and PW 8, Sushila Devi besides this informant has seen the occurrence and they lifted said Rajendra Prasad Sahu from the place of occurrence for taking him for his treatment but he died at the said place as a result of the said injury. It is also alleged that the persons present in the said market attempted to apprehend them but they made good their escape with the said weapon of assault. The prosecution case further is that the deceased aforesaid was a social worker and he used to keep watch on the illegal activities of the appellants and for that the appellants were harbouring grudge against him and getting an opportunity they have committed the murder of the deceased.
(3.) IT is pertinent to mention here that co -accused Parasnath Sahu has been murdered in the night of 26.1.1997 itself for which a case has been lodged in which PW 7 along with others figured as an accused.;