LAKSHMAN URAON, J. - (1.) ALL the appellants have challenged the judgment and order of conviction and sentence dated 19th July, 2001 and 20th July, 2001 respectively, passed by the learned 2nd Additional Judicial Commissioner. Khunti, in Sessions Trial No. 79 of 2000, arising out of Arki P.S. Case No. 10 of 1999, whereby and whereunder, all the appellants have been convicted under Sec.302/34 of the India Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 each. Pending disposal of this appeal, appellant No. 1 Lala Munda, having died in the month of July, 2003, while in judicial custody at Birsa Munda Central Jail, Ranchi, for which a supplementary affidavit has been filed on 5.4.2004, this appeal stood abetted against him.
(2.) THE facts of the case, in short campus, is that on 20.3.1999 informant Abdullah (PW 1) along with his brother Md. Nasir, since dead, and Md. Kalim (PW 3) was returning home after attending the meeting at mosque and reached near the house of Amrit Puran at about 5.30 p.m.; deceased Md. Nasir was 15 to 20 steps ahead; Bhusan Singh Munda, Mangal Singh Munda, Shashi Munda, Lala Munda (since dead), Churu Pahan and Gulab Munda, who had concealed themselves in the house of Amrit Puran, came on the pitch road. Bhushan Singh Munda fired twice causing injury to Md. Nasir, who fell down on the pitch road. The other accused dragged him and took him under a nearby Gamhar tree and all of them cut him with farsa. The informant and Md. Kalim (PWs 1 and 3) were also chased, but they fled away and went to Village -Sindri. They informant Md. Kayum (PW 5), Md. Hasim Ansari (PW 4), Mainul (PW 6) and others about the alleged occurrence. When they returned back to the place of occurrence, they found Md. Nasir dead, having sustained bleeding injuries. They saw fire arm injuries on the left arm and left head of the deceased. The alleged occurrence took place only due to the land disputes in between Bhushan Singh Munda and the informant for which a case was pending in the Court of Circle Officer, Arki. In course of trial, prosecution examined seven witnesses in order to bring home the charges, framed against the appellants under Sections 302 and 302/34 of the Indian Penal Code and under Sec.27 of the Arms Act. PW 1 Abdullah (inform ant) and PW 3 Md. Kalim are the eye - witnesses, who were returning to their village Mahuadih after attending the meeting at the mosque. PW 2 Dr. Vijay Kumar Prasad conducted the autopsy on the dead body of Md. Nasir. PW
(3.) MD . Hussain Ansari is a hearsay witness, who was informed about the alleged occurrence by one Md. Salim (not examined). He is a witness of the inquest report on which he signed (Ext. 3). PW 5 Md. Kayum is also a hearsay witness, who was informed by Salim and the informant Abdullah (PW 1). He is also a witness of the inquest report on which he signed Ext. 3/1. PW 6 Moinum Ansari, who is also a hearsay witness, was informed about the alleged occurrence by Abdullah and Salim. The I.O. in this case has not been examined. Formal witness PW 7 Saligram Choubey has proved the formal First Information Report (Ext. 4), fardbeyan (Ext. 5) in the pen and signature of Sri S.N. Das, Officer Incharge, Arki Police Station, whereas the inquest report (Ext. 6) was prepared in the pen of literate constable Kesho Prasad. 4 The learned 2nd Additional Judicial Commissioner, Khunti, relied the evidence of PW 1 and PW 3 and found that although there is contradiction in the ocular evidence and the medical evidence regarding the injuries, sustained by the deceased, as the doctor (PW 2) did not find any lire arm injury on the dead body, convicted and sentenced these appellants, as stated above, having found that other injuries were caused by farsa.;