LAKSHMAN URAON, J. - (1.) BOTH the criminal appeals arise out of the conviction and sentence dated 9.1.1998 and 12.1.1998 respectively passed by the learned Additional Judicial Commissioner -II, Khunti in Sessions Trial No. 40 of 1997 (G.R. No. 149 of 1996). Hence, both the appeals were heard together and are being disposed of by this common judgment of this Court.
(2.) ALL the five appellants of both the appeals were convicted by the learned Court below under Section 302/34 IPC and sentenced to undergo imprisonment for life. Being aggrieved by the said order of conviction and sentence, the appellants have preferred these appeals. The case of the prosecution has arisen on the fardbeyan (Ext. 3) of informant Churamani Devi (PW 1) who is wife of deceased Dalgovind Singh Munda, recorded on 15.3.1996 at 14 hours at village Jojohatu. District -Ranchi by SI D.N. Saha, I.O. (PW 9), Officer -in -Charge, Arki PS. Informant Churamani Devi and her mother PW 4 Samualla Devi were sleeping at home in the night of 14.3.1996. Her son PW 2 Birendra @ Devendra Munda and her husband Dalgovind Singh Munda had gone to sleep at khalihan in a hut made of straws (Kumba) to watch mahua and pulse lying on the khalihan. Father of informant Churmani Devi, namely, Sukhlal Munda had died 25 years ago leaving her as the only issue. Even after her marriage, she and her husband were living along with her mother Samualla Devi at village Jojohatu. In the night of 14.3.1996 (Thursday), her husband and son Birendra Singh Munda had gone to sleep on the khalihan in a straw made hut." At about 11.30 p.m. night, Birendra Singh Munda rushed to his home in a perplexed condition who on query by the informant, informed that while he was sleeping inside the straw -made hut along with his father, the gate covered with bamboo chachri was removed by the appellants. Then he woke up and saw 4 -5 persons dragging his father by catching hold of him the bamboo fence. Outside the straw -made hut, all of them gave dauli blows to his father. He informed that appellants Mahendra Singh Munda, Rajendra Singh Munda, Fagu Singh Munda, Gurwa Singh Munda and Jiv Lal Singh Munda were the assailants. Informant (PW 1) and her mother (PW 4) rushed to their khalihan and saw all the five appellants fleeing away towards north. They saw Dalgovind Singh Munda injured seriously and was struggling for life with blood oozing out. Dalgovind Singh Munda informed his wife (PW 1) and her mother (PW 4) that appellants Mahendra Singh Munda, Rajendra Singh Munda, Fagu Singh Munda, Gurwa Singh Munda and Jiv Lal Singh Munda injured him with Dalvi and now he would not survive. Sometimes thereafter he breathed his last. The alleged occurrence took place only because mother of the informant, PW 4, had filed a petition for permission to transfer her entire lands in favour of the informant (her daughter) and deceased Dalgovind Singh Munda (her son - in -law) which was objected by these appellants. The appellants were threatening that they would not allow possessing the lands rather they will cultivate all the lands belonging to PW 4 which was left by her husband situated at village Jojohatu. They had threatened the informant and her husband to leave the village and go to her matrimonial village Sinduari. On the basis of the fardbeyan, formal FIR (Ext. 4) was drawn and charge -sheet was submitted against all these appellants under Section 302/34 IPC.
(3.) ALL the appellants were charged under Section 302/34 IPC. The prosecution examined 9 witnesses in order to bring home the charge leveled against the appellants. PW 1 (informant) and her mother Samualla Devi (PW 4) rushed to the khalihan when informed by PW 2 Birendra @ Devendra Munda that his father was dragged out of the straw -made hut on the khalihan and outside the straw -made hut, he was given Dauli blows. They rushed there and saw all the appellants fleeing away towards north. PW 2 Birendra @ Devendra Munda is the son of the deceased and the only eyewitness. PW 5 Jagarnath Mahto of village Jojohatu is tendered witness. PW 6 Mahesh Mahato of Jojohatu on 14.3. 1996 when called by PW 4 Samualla Devi went to her house and saw the dead body of Dalgovind Singh Munda. This witness was declared hostile by the prosecution. PW 7 Dubraj Singh Munda of the same village has deposed that PW 4 Samualla Devi had no son except the only daughter Churamani Devi (PW 1). So she had kept her daughter (PW 1) and son -in - law (deceased) in her house as gharjamai. He was looking all the agricultural works of PW 4 Appellants Mahendra Singh Munda, Rajendra Munda, Gurwa Munda, Jiv Lal Singh Munda and Fagu Singh Munda were threatening Dalgovind Singh Munda to kill him so that Samualla Devi may not transfer her lands to him and his wife (the informant). This witness PW 7 was informed by PW 4 that the appellants murdered Dalgovind Singh Munda on the khalihan. When he went there, he saw the dead body of Dalgovindsingh Munda in front of the gate of hutment on the khalihan. PW 8 Budhan Lal Singh Munda of Sinduari village is the brother - in -law of the informant. On information on 15.3.1996 he went to village Jojohatu and thereafter he went to Police Station and took the police to village Jojohatu. He saw the dead body of DalgovindSingh Munda where the police prepared inquest report on which he signed (Ext. 2/1). He was informed by Samualla Devi (PW 4) that due to enmity, these appellants murdered Dalgovind Singh Munda. PW 9 is the D.N. Saha, I.O. of this case, who after investigation submitted charge -sheet against all the appellants. The learned Additional Judicial Commissioner - II, Khunti relied the evidence of PW 2 Birendra @ Devendra Munda which was corroborated by PW 1, his mother, and PW 4 his grand mother, before whom deceased Dalgovind Singh Munda had made extrajudicial confession that these appellants injured him with Dauli and on being convinced on the testimony of sole eyewitness PW 2, disbelieved minor contradictions which were found in the evidence of PW 3 Dr. Lalita Verma who conducted post mortem examination on the dead body of Dalgovind Singh Munda and the evidence of PW 9 D.N. Saha; I.O. who was virtually gained over by the defence, convicted these apoellants under Section 302/34 IPC and sentenced each of them to undergo imprisonment for life.;