- (1.) All the above appeals are taken up together for hearing as they have arisen out of the common judgment and order of conviction dated 5-2-2003 and order of sentence dated 7-2-2003 passed by learned XI Addl. Judicial Commissioner, Ranchi in S.T.Case No. 261/1997 whereby and whereunder the appellants were convicted for the offence under Sections 302 and 34 of the Indian Penal Code (for short "I.P.C.") and were sentenced to undergo imprisonment for life and for the charge under Section 364 of the I.P.C they were also sentenced to undergo R.I. for seven years and R.I. for three years under Section 201, I.P.C, however no separate sentence was passed under Section 120B, I.P.C.
(2.) The case of the prosecution is based on the fardbeyan of the informant, Parwati Devi (P.W.8) recorded on 28.08.1996 in presence of Kailash Prasad (P.W.10), Officer-in-charge, Khelari P.S. wherein she narrated that on 27.08.1996 at 8 p.m. her husband, Narayan Sao(deceased) came home after his duty, at Khelari P.S.; that at that time, co-villagers, Gopal Sao(appellant) and Laxmi Sonar(appellant) came and asked her husband to accompany them for eating and drinking but her husband expressed his unwillingness, however, both the appellants pursuaded him to accompany them. That her husband went with the appellants but he did not return in the night which aroused her anxiety and in the early morning she along with her devar (brother-in-law), Parash Nath Sahu(P.W.4) and her brother, Ram Sevak Sah(P.W.5) went in search of her husband to the house of Laxmi Sonar; she enquired from Laxmi Sonar and Gopal Sao about her husband who told her not to worry as her husband had gone to the house of Silsin sao alias Narain Sao(appellant) for taking liquor. The evasive reply by Laxmi Sonar and Gopal Sao aroused her suspicion whereupon she went in search of her husband, to the house of Silsil Sao alias Narain Sao, but Silsil Sao alias Narain Sao was not present at his house. That she entered the house of Silsil Sao alias Narain Sao and found that the room was freshly wiped and cleaned and there were blood stains in the room and she saw the cream colour plastic shoes of her husband lying in the corner of the room. The informant stated that she made enquiry from the villagers whereupon she learnt that a few days back Dwarika Sao(appellant) had organised a feast in his house where Gopal Sao, Jetha Sao and Laxmi Sonar were present and after eating and drinking they had made plans to kill her husband. It is alleged by her that Gopal Sao, Laxmi Sonar, Silsil Sao alias Narain Sao, Jetha Sao and Dwarika Sao in conspiracy with other associates had taken away her husband and after making him take liquor had killed and hidden the dead body of her husband. It is stated that she returned home whereas (P.W.4) kept searching for her husband. It is alleged that her husband as a Chowkidar of Khelari police station was instrumental in getting Gopal Sao and Laxmi Sonar arrested in the case of gun and revolver looting of one Parmar Sahab and he had also got Silsil Sao alias Narain Sao arrested a year and half back in a case of illicit liquor, due to which they had conspired and murdered her husband. On the basis of the said fardbeyan, Khelari P.S.Case No.82/1996 dated 28.08.1996 under Sections 364/302/201/34 and 120-B, I.P.C was registered.
(3.) During investigation, accused-appellants-Silsil Sao alias Narain Sao and Laxmi Sonar were arrested and they confessed their guilt, whereafter the dead body of Narayan Sao and other articles namely, tangi blood stained mat etc. were recovered; that the inquest report was prepared and the dead body was sent for post-mortem examination. On completion of investigation charge-sheet was submitted and cognizance taken whereafter the case was committed to the court of Sessions. The case was transferred for trial and disposal to the court of Addl. Judicial Commissioner (XI), Ranchi. Charges were framed under the aforesaid Sections and explained to the accused to which they pleaded not guilty and claimed to be tried. In course of trial, the prosecution examined 12 witnesses. Ext.1 is the signature of (P.W.-2) Satyadeo Sahu on the seizure list of one pair of plastic shoe; Ext.1/1 is the signature of P.W.-2 on the seizure list of blood stained soil;Ext.1/2 is the signature of P.W.-2 on the seizure list of half burnt straw and blood stained soil; Ext.1/3 is the signature of P.W.-2 on the seizure list of blood stained clothes belonging to accused Silsil Sao and tangi Ext.1/4 is the signature of P.W.-2 on the seizure list of blood stained mat; Ext.1/5 is the signature of P.W.-2 on the seizure list of sack; Ext.1/6 is the signature of P.W.-2 on the seizure list of blood stained Banyan(vest) and underwear belonging to accused Gopal Sao; Ext.2 is the signature of (P.W.-3) Rajendra Prasad on the seizure list of shoe; Ext.2/1 is the signature of P.W.-3 on the seizure list of half burnt straw and blood stained soil; Ext.2/2 is the signature of P.W.-3 on the seizure list of blood stained mat; Ext.2/3 is the signature of accused Lakshmi Sonar on the seizure list of blood stained mat; Ext.2/4 is the signature of P.W.-3 on the seizure list of blood stained clothes; Ext.2/5 is the signature of accused Jetha Sao on the seizure list of blood stained cloth; Ext.3 is the signature of (P.W.-4) Paras Nath Sah on the carbon copy of inquest report; Ext.3/1 is the signature of P.W.-4 on the seizure list of sack; Ext.4 is the signature of (P.W.-5) Ram Sevak Sah on the fardbeyan; Ext.4/1 is the signature of P.W.-5 on the carbon copy of inquest report; Ext.5 is the signature of (P.W.-6) Mani Sao on the seizure list of blood stained soil; Ext.5/1 is the signature of P.W-6 on the seizure list of blood stained yellow colour banyan, an underwear and blood stained tangi; Ext.6 is the post-mortem report; Ext.7 is fardbeyan; Ext.8 is the formal FIR; Ext.9 is seizure list of a pair of plastic shoes; Ext.10-the seizure list of blood stained soil; Ext.11-seizure list of half burnt blood stained straw and blood stained soil; Exts.12 and 13 are the confessional statement of appellants-accused Silsil Sao and Laxmi Sonar; Ext.14-the seizure list of blood stained yellow colour banyan (vest) and underwear and blood stained tangi; Ext.15-the seizure list of blood stained mat; Ext.16-the carbon copy of inquest report; Ext.17-seizure list of sack; Ext.18-seizure list of blood stained red colour cloth and banyan (vest) and under wear and Ext.19 is the statement of P.W.-1 under Section 164, Cr.P.C.;