LAKSHMAN URAON, J. - (1.) THE sole appellant has preferred this appeal against the judgment and order of conviction and sentence dated 28.5.1997 and 29.5.1997 respectively, passed by Sri Pradeep Kumar, learned Additional Sessions Judge, Gumla, in Sessions Trial No. 75 of 1989, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) THE prosecution case has arisen on the basis of the First Information Report (Ext. 1), lodged by the informant Abhi Singh (PW8) on 18.11.1988 at 2.15 p.m. regarding an occurrence, which took place on the same day at 10.30 a.m. at village -Nawagarh, Tola -Dumridon. The informant has alleged that at about 10.00 a.m. his cousin brother Laxman Singh (since dead), Munni Devi (PW 4), Draupadi Devi (PW 6) and Pranpati Devi (PW 5) were harvesting paddy crops of Khata No. 26, Plot No. 7062, having an area of 1 Acre 81 Decimals, which they had grown. The informant was also going to harvest. At 10.30 a.m. Mahadeo Singh (appellant) shot arrow piercing on the back of Laxman Singh. When Laxman Singh fell down, Santu Singh (since dead) gave balaa blow on his back portion of head and left and right ribs, resulting his death. When Mankuer Devi, sister of Laxman Singh, went to rescue him, Pairu Singh (since dead) assaulted her with axe on her neck, resulting her death. The informant has further alleged that prior to his death, Laxman Singh in injured condition gave hasua blow on both the legs of appellant Mahadeo Singh, causing injuries to him. When the accused chased to assault the informant, he fled away along with other females, who were harvesting paddy crops. He took his brother Shyam Sunder Singh (PW 10) to the P.O. field; by that time all the assailants had fled away. They saw the dead bodies of Laxman Singh and his sister Mankuer Devi, lying in the field. Thereafter, both the brothers i.e. Abhi Singh and Shyam Sunder Singh went to the police station where the First Information Report was lodged on which they gave their respective LTI and signature. The alleged occurrence took place due to long standing land dispute. The assailants are the agnates of the informant. After investigation, charge sheet was submitted against Santu Singh, Pairu Singh and appellant Mahadeo Singh. Charge under Section 302 of the Indian Penal Code was framed against Santu Singh and appellant Mahadeo Singh for causing murder of Mankuer Devi, sister of deceased, and Laxman Singh. The named accused Pairu Singh was charged under Section 302/34 of the Indian Penal Code for causing death of Laxman Singh. Santu Singh and Pairu Singh died during course of trial. The prosecution, in order to sub -stantiate the charge under Section 302 of the Indian Penal Code against the appellant has examined altogether eleven witnesses. Out of them, PW 1 Maheshwar Prasad and PW 2 Bijay Singh are the formal witnesses, who have proved the signature (Ext. 1) of Ezra Bodra, Officer -in -Charge and charge sheet (Ext. 2) in the pen and signature of Ezra Bodra. PW 3 Dr. Yogendra Prasad Singh has conducted autopsy on the dead bodies of Laxman Singh and Mankuer Devi. The Post Mortem Reports (Exts. 3 and 3/1) have been prepared in his pen and signature. PW 4 Munni Devi, PW 5 Pranpati Devi, PW 6 Draupadi Devi and PW 8 informant Abhi Singh were in the P.O. field, harvesting the paddy crops and are the eye witnesses of the alleged occurrence. PW 7 Raghunath Singh is a formal witness, who has signed on the inquest reports (Exts. 4 and 5) of the deceased on which he signed (Exts. 4/A and
(3.) /B). PW 9 Madhu Sudan Prasad, a formal witness, has also proved the inquest report (Ext. 5). PW 10 Shyam Sunder Singh, a hearsay witness, when informed by PW 8 informant Abhi Singh, went to the field and saw the dead bodies. PW 11 is the I.O. Ezra Bodra. The defence has also examined DW -1 Somra Singh, who has deposed that the disputed land was decreed in favour of appellant Mahadeo Singh in Title Suit No. 18 of 1980. Against that judgment and decree, the appeal was preferred, which was dismissed. Mahadeo Singh (appellant) has filed Complaint Case No. 101 of 1981 against the informant Abhi Singh and others in which they were convicted and the appeal against that conviction also was dismissed. The defence has filed the certified copies of the judgment of Title Suit No. 18 of 1980 (Ext. B), certified copy of the judgment of Complaint Case No. 101 of 1981 (Ext. C) and certified copy of the ordersheet dated 18.8.1993 (Ext. D), dismissing the Criminal Appeal No. 56 of 1981, as also the injury report (Ext. A) of the appellant. 4 The learned Additional Sessions Judge, Gumla has considered the evidence of the informant (PW 8) and the other witnesses i.e. PW 4 Smt. Munni Devi, PW 5 Smt. Pranpati Devi and PW 6 Smt. Draupadi Devi, who are the eye witnesses and were harvesting the paddy crops in the P.O. field. The injuries found by Dr. Yogendra Pd. Sanga (PW 3), who conducted the post -mortem examination, were in conformity with the ocular evidence and also the evidence of PW 11 Ezra Bodra (I.O.), who found the dead bodies and seized objective findings, found there and prepared seizure list. The learned Additional Sessions Judge on the basis of the evidence convicted this appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.;