LAKSHMAN URAON, J. - (1.) BOTH the appellants have preferred this Criminal Appeal against the judgment and order of conviction and sentence dated 15th May, 2000 and 17th May, 2000 respectively, passed by Sri Kumar Ganesh Dutt, learned 2nd Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 236 of 1998, whereby and whereunder, both the appellants have been convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/ - each and in default of payment to undergo rigorous imprisonment for three years. They have further been convicted for the offences under Sections 147 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and two years respectively. They have further been convicted under Section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,000/ - each and in default to undergo rigorous imprisonment for one year. It has been ordered that all the sentences on each count shall run concurrently.
(2.) THE prosecution case has arisen on the Fard -beyan (Ext.6) of the informant Suresh Singh (PW 5), recorded by the S.I. Sri R.N. Singh, Officer -in -charge, Chainpur Police Station on 1st March, 1996 at 7.00 a.m. at Village -Chando. The informant is the son of deceased Dukhan Singh. On Wednesday appellant no.1 Jitu Singh got his he -goat tied in the crop -field of the informant, which was seen by his sister Surji Devi (PW 1). Surji Devi shifted the goat from her field to the crop -field of appellant Jitu Singh. When Jitu Singh saw his goat tied in his crop -field, he went there and abused Surji Devi and entire members of her family, threatening to take revenge within two days by causing their murder. On Thursday i.e. on 29th February, 1996 at 8.10 p.m. appellants Jitu Singh and Ballu Singh alongwith Munni Singh, Sundar Singh Budhni Devi, Kuri Devi, Champa Devi and Indradeo Singh, armed with Lathi and Farsa, went to the dam. From there Jitu Singh asked Dukhan Singh to come out. When Dukhan Singh and the other members of his family came out, appellant Jitu Singh caught hold of him and took to the dam. He assaulted him with Farsa. On the alarm raised by Dukhan Singh, the informant and others rushed to rescue him. The other named accused, who had Farsa and Lathi, assaulted the informant, Mukhlal Singh (PW5), Jashoda Devi (PW2) and Surji Devi (PW 1) on their heads and other parts of the body with an intention to cause their murder. Dukhan Singh sustained Farsa injury and died at the spot. The learned 2nd Additional Sessions Judge, Palamau at Daltonganj, framed charges only against both these appellants, namely, Jitu Singh and Bally Singh under Sections 147, 307 and 302/149 I.P.C. whereas separate charges under Sections 148 and 302 of the Indian Penal Code were framed against appellant no. 1 Jitu Singh. The prosecution examined eight witnesses in order to substantiate the charges levelled against the appellants. PW1 Surji Devi is the daughter of the deceased. She was also assaulted and sustained injuries. PW 2 Jashoda Devi is the wife of the deceased. She also sustained injuries. PW 4 Mukhlal Singh and PW 5 Suresh Singh (Informant) are the sons of the deceased and are also injured witnesses. PW 3 Pano Devi is the eye witness, who is daughter -in -law of the deceased, who could not be injured. PW 6 Laxman Prasad is the Medical Officer, who examined the injured whereas PW 7 is Dr. Narayan Chandra Agrawal, who conducted the autopsy on the dead body of Dukhan Singh. In this case, the Investigating Officer has not been examined, hence Muzibullah Khan, a formal Witness, has proved the case diary (Ext.
(3.) ), formal F.I.R. (Ext. 5), Fard -beyan (Ext. 6), inquest report (Ext. 7) and seizure list (Ext.8), in the pen and signature of R.K. Singh. 4 The learned court below relied the evidence of injured witnesses i.e. PW 1, PW 2, PW 4 and PW;