- (1.) BOTH these appeals are directed against the judgment of conviction and order of sentence dated 18.9.2004 passed by 4thth Additional Sessions Judge, F.T.C., Dumka in Sessions Case No. 187 of 2002/329 of 2002 whereby and whereunder, learned Additional Sessions Judge having found the appellants guilty for committing murder of Thakur Murmu and Gidhi Hansda convicted them under Section 302/34 of the Indian Penal Code and also under Section 307/34 of the Indian Penal Code for making an attempt to commit murder of Thuthu Murmu and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - for the offence under Section 302/34 of the Indian Penal Code and in default of payment of fine to undergo further simple imprisonment for three months and further to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/ - for the offence under Section 307/34 of the Indian Penal Code and in default of payment of fine to undergo further simple imprisonment for three months. Both the sentences were ordered to run concurrently.
(2.) THE case of the prosecution is that one Thuthu Murmu (P.W. 8) had convened a panchayati at 10:00 am on 18.8.2002 in the house of Village Pradhan - Dhena Tudu (P.W.5) to settle the dispute which was there in between Thuthu Murmu (P.W. 8) and his son - appellant -Ruplal Murmu. In the said Panchayati, it was decided that the appellant -Ruplal Murmu, who had grown the crops, shall be harvesting the crops and thereafter the land would be divided in four parts. In the said panchayati, a fine of Rs. 101/ - was imposed upon Thuthu Murmu (P.W. 8). When panchayati was over at about 7:00 pm, one Sukhu Murmu (P.W.1), who had come from another village to participate in the panchayati, left the place for coming home. Thakur Murmu (deceased), Thuthu Murmu (P.W. 8), Gidhi Hansda (deceased), wife of Thuthu Murmu, and Luthura Hansda also accompanied Sukhu Murmu for taking him to his village. In that course, when they came near the house of Shibu Murmu at about 8 pm, they came across with the appellant -Ruplal Murmu (son of Thuthu Murmu), appellant -Babudhar Murmu and Barka Murmu who started abusing them. It resulted into scuffle amongst them. In that course, all the three persons started assaulting the informant's father, uncle and aunt, namely, Thakur Murmu, Thuthu Murmu (P.W. 8) and Gidhi Hansda. Seeing them assaulting his father and others, the informant -Arbind Murmu (P.W.7) tried to rescue them but Barka Murmu caught hold of him and felled him in the ground and tried to strangulate him. In that course, he stabbed Barka Murmu and fled away but saw the accused persons assaulting his father, uncle and aunt as a result of which they sustained injuries and felled down on the ground. Thereupon, they started searching the informant -Arbind Murmu (P.W.7) but he fled away from there. When the accused persons left that place, the informant came over there and did find his father - Thakur Murmu dead, whereas he found his uncle - Thuthu Murmu and his aunt - Gidhi Hansda seriously injured. On the next day i.e. on 19.8.2002 at about 10 pm, the informant -Arbind Murmu (P.W.7), son of Thakur Murmu (deceased), gave his furd beyan (Ext.5) before the Jama Police Station upon which a formal FIR (Ext. 6) was drawn as Jama P.S. Case No. 70 of 2000 under Section 302/307/325/326/ 341/34 of Indian Penal Code. Upon institution of the case, one Shiv Kumar Singh -Investigating Officer -P.W. 11, took up the investigation. He came to the place of occurrence and did find Thakur Murmu dead, whereas Thuthu Murmu (P.W. 8) and Gidhi Hansda were seriously injured. Immediately he got them removed to Sadar Hospital for treatment. Thereupon, Investigating Officer held inquest on the dead body of Thakur Murmu and prepared an inquest report (Ext. 7). Thereafter the Investigating Officer sent the dead body for post mortem examination. Dr. Debashish Rakshit -P.W. 2 did autopsy on the dead body of Thakur Murmu and found the following anti mortem injuries: - i.Lacerated wound over right side of the chin size 3" x 1/2" x 1/4". ii.Diffused swelling over the occipital region of scalp. On dissection, subcutaneous haemorrhage found underneath the swelling area. On further dissection, fracture of occipital bone was found. On further opening of skull, collection of blood was found inside the cranium cavity and brain matter and m nages found lacerated. iii.Abrasion over left side of chest size 1" x 1/2". On dissection of thorax left 5thth and 6thth ribs were found fractured. Left lung was fund lacerated. Collection of blood was found inside the thoracic cavity. According to the opinion of the doctor, the death occurred due to haemorrhage and shock, as a result of injury nos. 2 and 3. Further, it has been opined that the injuries were caused by hard and blunt substance such as iron rod and lathi. Post mortem examination report has proved as Ext. 1. Meanwhile, investigation of the case was taken over by another Investigating Officer -Satish Chandra Das (P.W. 12) who, when came to know that the injured Gidhi Hansda has died in the hospital on 21.8.2002, came to the hospital and held inquest on the dead body of Gidhi Hansda and prepared inquest report (Ext. 7/1). Thereafter the Investigating Officer sent the dead body for post mortem examination. Dr. Nirmal Kumar Singh -P.W.10 held autopsy on the dead body of Gidhi Hansda and found the following anti mortem injuries: - i.Incised wound 9cm x 1cm x bone deep over left side of occipital region. ii.Incised wound 3cm x 1/2 cm x skin deep over temporal region of the head. iii.Lacerated wound 4cm x 1cm x bone deep over left perital region of the head. On dissection underline bone was found fractured into pieces. On further dissection, underneath brain and membrain were found lacerated with collection of blood in surrounding region of the brain cavity. iv.Abrasion 1cm x 1/2 cm over back of right elbow joint. v.Diffused swelling and deformity of lower part of left leg. On further dissection, both bone tibia and fibula were found fractured. According to the doctor, injury nos. 1 and 2 have been caused by sharp edge weapon, whereas rest was caused by hard and blunt substance. In the opinion of the doctor, death occurred due to shock and haemorrhage on account of above injuries. Injury no. 3 was sufficient enough to cause death in natural course. Post mortem examination report has proved as Ext. 4. The said doctor -P.W. 10 had also examined Thuthu Murmu on 19.8.2002 whereby he found the following injuries on the person of Thuthu Murmu: - i.Incised wound 3cm x 1cm x skin deep on the right side of scalp. ii.Lacerated wound 5cm x 1/2 cm x skin deep on the left side of the forehead above eyebrow. iii.Abrasion 3cm x 1/4 cm on left side of chest. iv.Diffused swelling and pain over right and left leg. v.Diffused swelling over right side of chest. According to the doctor, the nature of injury no. 1 was simple caused by sharp weapon, whereas injury nos. 2, 3 and 4 were also simple but had been caused by hard and blunt substance. Injury no. 5 was found to be grievous, caused by hard and blunt substance. Injury report was proved as Ext. 3.
(3.) AFTER completion of the investigation, Investigating Officer submitted charge -sheet against the appellants upon which cognizance of the offence was taken. When the case was committed to the Court of Sessions, charges were framed to which the appellants pleaded not guilty and claimed to be tried. During trial, the prosecution in order to prove the charges examined altogether 12 witnesses. Of them, P.W. 1 -Sukhu Murmu is an eye witness who had come to participate in the panchayati. According to him, when panchayati was over, Chhotu Murmu (not examined), Thakur Murmu (deceased), Luthura Hansda -P.W. 4, Thuthu Murmu (P.W. 8) and Gidhi Hansda (deceased), wife of Thuthu Murmu, were taking him to his village for leaving him to his home. While they reached near the house of Nunua Murmu -P.W.6, Barka Murmu, appellant -Ruplal Murmu and appellant -Babudhar Murmu accosted them and started assaulting Thakur Murmu, Thuthu Murmu (P.W. 8) and Gidhi Hansda with iron rod and lathi. Meanwhile, he fled away from there. P.W. 3 -Satish Murmu is the hearsay witness, whereas P.W. 4 -Luthura Hansda has testified that when he saw the accused persons and the prosecution party fighting with each other, he left that place. P.W. 5 -Dhena Tudu is the person in whose house panchayati had taken place. According to him, he did not see the occurrence. P.W.6 -Nunua Murmu is the witness to inquest who had put his signature over the inquest report. Arbind Murmu -the informant has been examined as P.W. 7. According to him, when he came to the place of occurrence on hearing Halla, he found Thuthu Murmu (P.W. 8) and Gidhi Hansda lying on the ground unconscious. Further, he has testified that his father -Thakur Murmu inflicted knife blow upon Barka Murmu and then his father was assaulted by these appellants by lathi and iron rod as a result of which, he died. P.W. 8 -Thuthu Murmu has testified that panchayati had taken place in the house of Pradhan -Dhena Tudu -P.W.5. After panchayati was over, the Panches went their home. He has also deposed that the altercation had taken place but he cannot say as to who had assaulted the deceased. He has been declared hostile. P.W.9 -Malothi Hansda is an eye witness who testified that after panchayati was over, Thakur Murmu (deceased), Thuthu Murmu (P.W. 8), Gidhi Hansda (deceased) and Luthura Hansda -P.W. 4 were taking Sukhu Murmu -P.W. 1 to his village. Upon hearing Halla, when she came to the place of occurrence, she saw the appellants assaulting Thakur Murmu and also Thuthu Murmu (P.W. 8) and Gidhi Hansda by lathi and iron rod as a result of which Thuthu Murmu (P.W. 8) and Gidhi Hansda became unconscious whereas Thakur Murmu died there. ;