- (1.) This appeal has been preferred by these three appellants against the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Fast Track Court No.-1, at Gumla, in Sessions Trial No. 245 of 2000. All the three appellants have been convicted by the trial court vide order dated 8/9-11/2002 for life imprisonment for causing murder of the deceased, for the offence punishable under Section 302 of the Indian Penal Code. They are also punished for the rigorous imprisonment for five years under the offence punishable under Section 201 of the I.P.C. Against this judgment of conviction and order of sentence, the present appeal has been preferred
(2.) The prosecution case is as under:- That on 9.7.2000 at 3 P.M., the informant Dandu Kahria (P.W.-5) gave fardbeyan to police that on 3.7.2000 (Monday) Chhedu Kharia (deceased) who was the son-in-law of Kotang Kharia came to his village to see the Rath Mela. On next day in the afternoon, informant son Ganesh Kharia and Chhedu Kharia went for walking and when they not returned till late night, then they searched them but could not find them. Then family member thought that they may have gone to some relatives. On next day in the morning the informant neighbour Somari Kumari said to him that she with Ganesh and Chhedu went to Tetal Toli in evening and they purchased snacks from a shop. Then one Sukhal Bhokta met them and took both Ganesh and Chhedu with him for taking wine, then she returned to the village. Thereafter informant went to Tetar Toli but could not find his son there. Then on Saturday informant came to know that Sukhlal took both of them in the house of Kesho Devi who is the wife of Ramesh for taking wine. Next morning he came to know that 5-6 persons took his son and Chhedu towards hill. Then Kesho Devi said to the informant that in the evening of Tuesday Sukhlal, Polush Oraon, Shiv Charan Sahu, Kandara Oraon and two other persons took Ganesh and Chhedu towards hill. Thereafter informant and others started searching in the hill and reached near the Bijili Ghat in Gon Mere Hill and on the trace of foul smell they recovered the dead body of Chhedu and of Ganesh. Head of the Ganesh was chopped of and Chhedu had also cut injuries on his neck. Both the dead bodies were mutilated by the animals. Nine witness were examined by the prosecution:
(3.) It is submitted by the counsel for the appellants that there are major omissions, contradictions and improvements in the depositions of the prosecution witnesses. This aspect of the matter has not been properly appreciated by the learned trial court and unnecessarily they have been treated as minor omissions, contradictions and improvements, and therefore, the judgment of conviction and order of sentence passed by the learned trial court deserves to be quashed and set aside.;