LAKSHMAN URAON, J. - (1.) ALL the three appeals have been preferred by the appellants against the single judgment and order of conviction and sentence passed against them by the learned Sessions Judge, Deoghar convicting them under Sections 396, 397 and 398, IPC but sentencing only under Section 396, IPC with fines and also under Section 412, IPC against the appellant Hernial Ram (in Cr. Appeal No. 175/2000). Hence all these three appeals were heard together and are being disposed of by this single order of this Court.
(2.) THE prosecution case has arisen on the fardbeyan of Santoshilla Handsda PW -13 wife of the deceased Rafail Hembrom recorded on 31.7.95 at 21.30 Hrs. on the pitch road by the side of cinema hall Palazori by the SI Md. Zaidamuddin PW -16. On the basis of the fardbeyan Ext. 5 on which the informant Santoshilla Hansda signed Ext. 1/4, Palazori PS Case No: 60/1995 was registered and formal FIR Ext. 5/1 was drawn. The informant in her fardbeyan has alleged that her husband Rafail Hembrom was a teacher in a primary school at Dhauha Block, Madhupur. Since 1994 no salary was paid to him. On 31.7.95 morning after taking breakfast he went to Deoghar for taking arrear payment amounting to Rs. 35,000/ -. He returned Palazori from Deoghar after 7 p.m. and went home. Ahead of her husband many passengers were proceeding. At 8 p.m. her husband was taking meal then Manadhar Marandi knocked the door to open it calling the name of her husband Rafail Hembrom. The informant, objected her husband in opening the door. But her husband told her that many passengers of other villages were proceeding ahead. Due to flood in the river they could not cross, hence they might have called for help. He came out taking a lantern. The informant heard cry of someone due to assault outside her main gate. Her husband suspected that his brother Kamlesh might have been assaulted. He came out of the door followed by the informant and his sisters Nirmala Hembrom and Sushila Hembrom PW -11. They saw 3 -4 dacoits assaulting some person. Her husband was also surrounded by 3 -4 dacoits who dragged him towards the South assaulting him. The informant who was standing at the door was pushed inside who fell down. When he stood up again and went to the door then, she heard the sound of one firing. She saw her husband fallen down sustaining fire arm injury on the South back portion of the house of Ram Tudu. Outside her house 9 -10 dacoits were present. Prior to causing murder of her husband the dacoits had murdered the neighbour Sowan Hembrom. When she went inside her courtyard she saw the dacoits and identified them in the flash of torch light which they had possessed and also in the light of burning lantern. She saw one dacoit similar to the face of Sanatan Murmu. She was also likely to be assaulted but a child was in her lap hence, she was not assaulted. In the mean time her father - in -law PW 6 Ghutha Hembrom woke up and inquired as to who were they. He was also assaulted with lathi by the dacoits. Five dacoits entered into the courtyard and the others were forcing her to hand over the goods belonging to them. The other female witnesses of the house asked them to take away what ever they liked. 8 -9 dacoits entered into their rooms and looted the articles. The informant managed to escape and met her mother -in - law on her way who was going to inform the police to the Block Palazori. They met the officer -in -charge near Palazori cinema hall on the pitch road. She narrated the entire story to him. She claimed to identify the dacoits and the looted articles. She alleged that Sanatan Murmu was willing to marry with Saloni Hembrom PW -10. But her husband and Saloni Hembrom refused the proposal on the ground that Sanatan Murmu had already married with one girl. Due to that annoyance he with the help of other dacoits committed dacoity and murder. Her fardbeyan Ext. 5 was recorded on which she signed Ext. 1/4.
(3.) AFTER investigation charge -sheet against these appellants was submitted under Sections 396/397/398/412, IPC showing the appellant Sonalal Rana. Babusar Soren and Jivan Rana @ Ashok Rana absconder and five others suspect. The learned Sessions Judge framed charges against these appellants under Sections 396, 397, 398 and 412, IPC to which these appellants pleaded not guilty.;