- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.3.2000 and 31.3.2000 respectively passed by the then 2nd Additional Sessions Judge, Hazaribagh in S.T. No. 81 of 1998, whereby the court while acquitting the appellants for the charges under Section 120B of Indian Penal Code convicted them for the offence punishable under Sections 302/34 of Indian Penal Code for committing murder of Jitu Paswan and Vijay Gope. Further, appellant -Manoj Ram was convicted for the offence punishable under Section 324 of Indian Penal Code. All the appellants were sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of Indian Penal Code and to pay a fine of Rs. 4,000/ - with default clause and appellant -Manoj Ram was further sentenced to undergo rigorous imprisonment for six months for the offence under Section 324 of Indian Penal Code.
(2.) THE case, as has been made out in the first information report, is that on 25.3.1997, one Jitu Paswan (deceased), son of the informant Pushpa Devi (P.W. 5), as well as Vijay Gope (deceased) and also other boys of the locality had organized a programme of breaking of 'Matka' in Bhuiyan Toli in front of the house of appellant -Madan Ram. Several persons had assembled over there and were enjoying it by playing music and dancing. Meanwhile, at about 1:00 pm, appellant -Manoj Ram and his other family members came there and asked Jitu Paswan, Vijay Gope and others to stop playing music. Upon it, Jitu Paswan told them that they will stop playing music after breaking of 'Matka'. This led to altercation in between Jitu Paswan and the accused persons namely, Madan Ram, Vinod Ram, Manoj Ram and Subodh Ram (died during trial). On hearing halla, the informant -P.W. 5 cairn rushing there but by that time Madan Ram (died during pendency of this appeal) by catching Jitu Paswan by his neck made him to fall on the ground The informant in order to save her son laid herself over his body Meanwhile, appellant -Manoj Ram went home and brought a 'dagger' ant pushed away the informant from the body of the informant's son and that made an attempt to give 'dagger' blow to Jitu which the informant intercepted as a result of which she sustained injury over her fingers Thereupon, appellant -Manoj Ram inflicted several injuries upon Jitu Paswa over his chest, forehead, abdomen and waist. Meanwhile, appellant Kaushlya Devi, mother of appellant -Manoj Ram, dropped down a 'dagger from the upper floor of the house which was caught by appellant -Subod Ram. By that time, Vijay Gope reached there to rescue his friend -Jit Paswan but the appellants, namely, Madan Ram, Subodh Ram, Vinod Ran Manoj Ram, inflicted injuries in his abdomen. Both the injured fell down c the ground and then the appellants fled away from there. Thereupon several persons assembled there who took the injured to hospital when both of them were declared dead. Meanwhile, Rameshwar Ray -P.W. 11, the then Sub Inspector of Police, came to the hospital where he recorded the fardbeyan (Ext. 3) of the informant -P.W. 5 to the effect, as stated above upon which a formal FIR (Ext. 4) was drawn against the five person namely, Madan Ram, Subodh Ram, Vinod Ram, Manoj Ram and Kaushly Devi. Appellant Nos. 2 and 3 namely, Vijay Ram and Ajay Ram, had not bee made named accused.
(3.) THE Investigating Officer during investigation held inquest on the dead -bodies of Jitu Paswan and Vijay Gope and prepared inquest report (Ext. -5 and 5/1) and sent the dead -bodies for post mortem examination which were conducted by Dr. Bimal Kumar Verma -P.W. 6 who upon holdin autopsy on the dead -body of the deceased -Jitu Paswan found the follow in ante -mortem injuries: - - "i. Stab and penetrating wound 3" x 1 1/2 " x skin deep upto brain deep. ii. Stab penetrating wound near left shoulder region of chest 1" x 1" x chest deep. iii. Stab penetrating wound at right side of chest 1/4" x 1/4" x skin deep. iv. Stab penetrating wound on abdomen left side 1 1/2 " x 1/2 x abdomen deep. v. Stab penetrating wound on left side of abdomen 1" x 1/2 x abdomen deep." The doctor issued postmortem examination report (Ext. 2) with a opinion that the death was caused on account of hemorrhage and shock due to above -mentioned injuries, caused by sharp and pointed weapon like the of 'chhura'.;