LAKSHMAN URAON, J. - (1.) THE appellants lave preferred this appeal against the judgment and order of conviction and sentence dated 24.6.1997, passed by Shri J. Tiru, earned Additional Sessions Judge, Simdega, in Sessions Trial No. 250 of 1993, convicting both the appellants under Sections 302/34 and 201 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for life for the offence under Section 302 I.P.C. and further to undergo rigorous imprisonment for seven years for the offence under Section 201 I.P.C., directing both the sentences in respect of both the appellants to run concurrently.
(2.) THE prosecution case is based on the first information, given by the informant Sudan Singh, son of deceased Ragho Singh of Village -Aling Garh (Pahartoli), alleging therein, that his father Ragho Singh on 27.4.1983 at 8.00 a.m. left home for fishing, taking fishing rod to Nakul Bandh, Behra Toli. His elder brother Madan Singh (PW 8) had gone towards Nakul Bandh to plough his field. He himself had gone to Bolwa Market and returned home at 5.00 p.m. When he did not find his father, he' enquired about him. His brother Madan Singh (PW 8) informed that their father was fishing at Nakul Bandh. He along with his brother left home at 9.00 p.m. in the night towards Nakul Bandh in search of his father. Flashing torch they went to the place where Ragho Singh was fishing. They saw the fishing rod in the water and the dead body of their father was also drown in the water. Both of them started weeping. They brought out the dead body of their father from the water and laid on the rock. They saw injuries on both sides of upper eyes and also on the cheek, cut with knife and abrasion on the right arm. The right arm pit was cut with bleeding injury. Both the brothers went to Behra Toli and informed the villagers. They asked the villagers to watch the dead body and both the informant and his brother went to Village and returned again back to Nakul Bandh at about 10.30 p.m. along with the villagers, namely, Lalan Singh (PW 2), Shiv Prasad Singh (PW 9) and others. None of the villagers of, Behra Toli informed as to who assaulted their father, resulting his death. In the morning at 4.30 a.m. on 28.4.1993 informant along with Lalan Singh went to the police station, Blowa, and lodged the First Information Report on which he and Lalan Singh signed (Exts. 1 and 1/1 respectively). On that basis, a formal First Information Report (Ext. 2) was registered and the I.O. (PW 15) took up investigation. In course of investigation he was informed about the complicity of both these appellants and one Mathura Singh. Mathura Singh absconded whereas both these appellants were apprehended. Charge sheet was submitted against these appellants, showing Mathura Singh absconder. After framing of charges, the prosecution produced altogether fifteen witnesses in order to substantiate the charges, levelled against these appellants. PW 1 Sudan Singh, the informant, and PW 8 Madan Singh are the sons of deceased Ragho Singh. They are not the eye witnesses, rather PW 1 was informed by Shiv Prasad Singh (PW 9) and Lalan Singh (PW 2). Moreover PW 1 claims that he was also informed by one Chandrapal Singh the names of the assailants. PW 2 Lalan Singh is the Fufa of the informant and is a seizure list witness in respect of the seized blood stained soil, who was also informed by Ghandrapal Singh that these appellants murdered Ragho Singh. PW 3 Jyoti Lakra, a child witness, is the only eye witness examined in this case, whose statement (Ext. 5) was also recorded under Section 164 Cr.P.C. PW 4 Bikram Singh is a formal witness. PW 5 Emil Kullu and PW 6 Gregory Barla are the witnesses on inquest report on which they signed (Exts. 1/4 and 1/5 respectively). PW 7 Kailash Munda has simply carried the dead body from the place of occurrence. PW 8 Madan Singh, son of the deceased, is also a hearsay witness. PW 9 Shiv Prasad Singh remained watching the dead body throughout the night along with others. PW 10 Dr. Sudhir Mahto has conducted the autopsy on the dead body of Ragho Singh and prepared Post Mortem Report (Ext. 3) in his pen and signature. PW 11 Lajrus Kujur is also a hearsay witness. PW 12 Anthony Tete of Village -Aling Garh, Pandra Pani, saw Kapildeo Singh and Gobardhan Singh (both appellants), Mathura Singh (absconder), Chandrapal Singh (not examined by the prosecution, who is alleged to have died) and Jamuna Singh near his house cooking meal, having wine and chicken. When informant and his brother Madan Singh went to him, Gobardhan Singh alias Gobra and Kapildeo Singh fled away. PW 13 Ram Chandra Singh is amongst the persons, who chased the appellants and apprehended who made extra -judicial confession before them and the Chowkidar that both of them caused murder of Ragho Singh. PW 14 Parsuram Singh, who is related with these appellants did not support the prosecution case and was declared hostile and PW 15 Bindeshwari Jha is the I.O. of this case, who recorded the First Information Report, prepared inquest report (Ext.4) and took up investigation.
(3.) THE learned Additional Sessions Judge mainly relied on the evidence of the sole child eye witness Jyoti Lakra (PW 3) who was also fishing at Nakul Bandh where Ragho Singh was fishing with the fishing rod. The learned Additional Sessions Judge relied the evidence of the sole child eye witness finding that it gets corroborated by the evidence of PW 10 Dr. Sudhir Kumar Mahto, who found injuries as narrated by the child witness (PW 3) and also the extra -judicial confession made by these appellants before the villagers and Chowkidar, convicted the appellants and sentenced them thereunder for the charges levelled against them.;