Amitav Kumar Gupta, J. - (1.) THE appeal has been taken up for final hearing at the instance of learned counsel for the appellant and learned A.P.P. The learned counsel for the appellant and learned A.P.P. have read out the deposition of the witnesses and evidence on record, consequently, on the submissions and insistence of the learned counsels the Criminal Appeal is hereby has been heard finally for disposal.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 17.10.2005 and 18.10.2005 respectively, passed by the Additional Sessions Judge, Fast Track Court (F.T.C.), Sahibganj in Sessions Trial No. 484 of 1993, whereby and whereunder the appellant was convicted for the offence under Section 302 read with Section 149, 148 of the Indian Penal Code (for short I.P.C.) and sentenced to undergo rigorous imprisonment for life under Section 302/149 of IPC and rigorous imprisonment for one year for the offence under Section 148 IPC and both the sentences are to run concurrently. The case of the prosecution is based upon fardbeyan of Girdhey Soren, P.W. -3 (wife of the deceased). It is stated that on 11.8.1991 at 10.00 a.m. her husband, Hopna Tudu (the deceased) was returning after grazing and washing the she buffalos. That when he reached near the paddy field of Dhena Murmu, at that time her daughter Dhani Tudu (P.W. -2) was taking the she -goats for grazing who saw some persons were assaulting Hopna Tudu, whereupon P.W. -2 came and informed P.W. -3 who rushed to the place of occurrence. P.W. -3 saw accused Chhotu Tudu armed with Reta, Tulia Tudu armed with Tangi, Birang Tudu armed with Dabiya and wives of Chhotu Tudu, Tulia Tudu and mother of Birang Tudu assaulting her husband, who fell down in the paddy field of Dhena Murmu. P.W. -3 found bleeding injuries on her husband's body with injury below the chin, swelling on both side of the chest, swelling on the cheek and injury on the back of his head. It is stated that on her shouts and alarm witnesses namely, Jagrey Tudu, Sidho Tudu, Mandal Tudu, Salakhu Tudu and Dhana Tudu came at the place of occurrence. It is alleged by P.W. -3 that on account of outstanding land dispute and enmity the accused persons had assaulted and killed her husband.
(3.) ON the basis of the said fardbeyan, Borio P.S. case 178/1991 wad drawn and F.I.R. registered under Sections 147, 148, 149, 324, 302 IPC. After completion of investigation, the police laid charge -sheet against eight accused persons accordingly cognizance was taken and the case was committed to the Court of Sessions. The case was transferred to the Court of Additional Sessions Judge, FTC for trial and disposal and all the eight accused persons were put on trial. Charges were framed under Sections 302, 149, 148 of the IPC to which they pleaded not guilty. It transpires from the record and judgment that in course of trial six accused persons absconded and their case was split up vide order dated 12.04.2005. The trial proceeded only against the appellant Tulia Tudu and co -accused Ramdhani Thakur.;