VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants stands directed against the impugned judgment and order dated 8.3.1996 and 11.3.1996 respectively passed in S.T. No. 356 of 1993 by Sri. R.P. Verma, Additional Sessions Judge, Gumla whereby and whereunder they were found guilty for the offence punishable under Sections 302/34 and 452/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for three years respectively. However, the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 1 Kartik Uraon, the father of Keshwar Oraon, the deceased of this case recorded by P.W. 10, A.S.I. Ram Vinod Singh of Sisai P.S. on 25.8.1992 at 11.45 hours at the house of the informant situate in village Dahudih Nawatoli P.S. Sisai District Gumla regarding the occurrence which is said to have taken place on that very day at 7.30 hours in the house of the informant situate in village Dahudih Nawatoli and a case was instituted by drawing of a formal FIR (Ext.4) on that very day at 17.30 hours. The formal FIR and fardbeyan have been received on 26.8.1992 in the Court empowered to take cognizance. The prosecution case in brief, is that Keshwar Uraon, the son of the informant had gone for nature 'scall south of the village and he was returning to his house after the nature 's call and when he was near the Tamarind tree in the vicinity of his house at 7.30 hours appellants Thungru Uraon with bow and arrow, Chuiyan Uraon @ Raj Keshwar Uraon with "Barchha" and axe, Bengo Kumari with axe and Baleshwar Uraon with sword attempted to surround Keshwar Uraon aforesaid with intention to assault him and he fled away from there and entered in his house and bolted the door of his house from inside. It is alleged that all the appellants came running to his house and they started pushing the door of the house as a result of which the latch of the house got unfastened and the door of the house became open and all the appellants entered inside the house and they committed murder of Keshwar Uraon as -saulting him by axe, sword, "Barchha" and arrow. It is further alleged that P.W. 6 Basanti Devi, the widow of the deceased, P. W. 3 Raimuni Devi, the sister of the deceased beside him were present in the said house but out of fear they did not protest and the appellants have intimidated them to be done to death if they inform the police in respect thereof. The prosecution case further is that on 22.8.1992 appellant Bengo Kumari had assaulted the wife of this informant and on that day the deceased with his wife had gone to his father -in -law 'shouse and on his return from there the deceased had gone to the house of appellant Bengo Kumari and had made protest and due to this all the appellants in furtherance of their common intention have committed the murder of the deceased assaulting him by lethal weapons.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case and the deceased had a criminal antecedent figuring as accused in several cases of murder and loot and he was killed by some unknown persons and these appellants have been falsely implicated in this case due to enmity and on the day of the occurrence. Appellants Keshwar Uraon and Chuiyan Uraon were in the court for making pairvi in a case of murder in which Keshwar Uraon aforesaid had figured as an accused.;