- (1.) THE sole appellant Jetha Munda has preferred this Jail Appeal against the judgment and order of conviction and sentence dated 6th February, 1996 and 9th February, 1996, passed by Smt. Shakuntala Sinha, learned Additional Judicial Commissioner, Khunti, in Sessions Trial No. 412 of 1992, arising out of GR No. 247 of 1991, whereby and whereunder, the learned Court below has convicted the appellant under Sec.302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 in default whereof to further undergo rigorous imprisonment for two years.
(2.) THE informant Sanika Munda (PW 1) in his fardbeyan (Ext. 2), recorded on 14.5.1991 at 10.00 hours by Sri M. Prasad, Officer -in -Charge, Karra Police Station, at Village -Dumargarhi Bantoli, Police Station -Karra, District -Ranchi, has alleged that on 13th May, 1991 while he was sleeping in his house, appellant Jetha Munda went to him and informed that he had assaulted his brother Bhutia Munda and bhabhi Etwari Devi with lathi, resulting their death, PW 2 Juhi Mundain, wife of the informant (PW 1), also heard that appellant had caused murder of his elder brother and bhabhi at 10.00 p.m. night. The informant went to the house of the appellant where he saw the dead bodies of Bhutia Munda and Etwari Devi. Both the deceased had bleeding injuries on their heads. PW 4 Karma Munda, aged about 8 years, son of deceased, was also present there, who informed the informant that Jetha Munda had assaulted his parents with lathi to death. The alleged occurrence took place only due to distribution of lac, which was being reared in their joint plum tree, The another reason was the death of two sons of the appellant due to illness, as the appellant had suspected his bhabhi Etwari Devi to have played witch craft on his sons, resulting their death. The informant remained throughout near the dead bodies, guarding them. In the morning he sent the village chowkidar Oriya Oraon (PW 5) to inform the police. In the meantime, the Officer -in -Charge, Karra Police Station, came to the village, who recorded his fardbeyan on which he gave this LTI. The prosecution could not examine the doctor, namely, Dr. S.K. Sinha, who conducted autopsy on the dead bodies of both the deceased, as he died after his transfer from Khunti Sub -Divisional Hospital to Itki. PW 3 Dr. Sudhir Kumar Sandilya, Medical Officer, has proved the Post Mortem Reports (Ext. 1 and 1/1), prepared in the pen and signature of Dr. S.K. Sinha (now dead). Investigating Officer of this case has also not been examined. PW 6 Banwari Lal Jaiswal, a formal witness, has proved the fardbeyan (Ext. 2), recorded in the pen and signature of Manohar Prasad, Officer -in - Charge, Karra Police Station, and formal First Information Report (Ext. 3). He has also proved the inquest reports (Exts. 4 and 4/1), prepared by the Officer -in -Charge, Karra Police Station.
(3.) THE learned Court below having relied the evidence of the informant Sanika Munda (PW 1), Juhi Mundain (PW 2) and Karma Munda (PW 4), the sole child eyewitness and the son of the deceased, convicted and sentenced the sole appellant under Sec.302 of the Indian Penal Code.;