Dhirubhai Naranbhai Patel, J. - (1.) THIS appeal has been preferred against the judgment and order of conviction and sentence, passed by the learned Additional Sessions Judge, Fast Track Court -I, Chaibasa in Sessions Trial No. 219 of 2000 vide order dated 25/26th September, 2002. This appellant has been convicted for life imprisonment for causing murders of (a) Smt. Pano Gope and (b) Bagun Gope for the offence punishable under Section 302 of the Indian Penal Code. It is the case of the prosecution that on 26.02.2000 at 8.05 a.m., the informant Lai Singh Gope (P.W. 2) gave written report to police that on 25.02.2000 (Friday) at about 8, p.m. he with other co -villagers were returning from the place of worship to his house. He saw that accused Gumda Gope was assaulting his Kishori aunt (Smt. Pano Gope) repeatedly with Pirah (a piece of wood) as a result, Smt. Pano Gope died immediately and accused Gumda Gope ran towards his house. Thereafter, Bagun Gope, who was the son of Smt. Pano Gope (deceased) chased the accused Gumda Gope with Axe in his hand and came to the house of accused Gumda Gope, but, accused Gumda Gope snatched the Axe from Bagun Gope and started assaulting him with back portion of the same Axe and as a result, Bagun Gope also died immediately.
(2.) FOLLOWING seven witnesses were examined by the prosecution: It is submitted by the counsel for the appellant that there are major omissions, contradictions and improvements in the depositions of the prosecution witnesses. The so called eye witnesses, in fact, are not eye witnesses at all. Moreover, the prosecution has failed to prove the motive. Even intention has also not been proved. The witnesses have seen the occurrence at much distance during night time and there was no evidence of light at the place of occurrence. These aspects of the matter have not been properly appreciated by the learned trial court and hence, the impugned judgment and order of conviction and sentence, passed by the learned trial court, deserves to be quashed and set aside.
(3.) IT is submitted by the counsel for the appellant that the medical evidence and the ocular evidence are in contradiction with each other and there is no corroboration with the medical evidence. It is further submitted by the counsel for the appellant that there were several other persons at the time of occurrence, but, the prosecution has failed to examine those witnesses. Therefore, the judgment and order of conviction and sentence, passed by the learned trial court deserves to be quashed and set aside.;