- (1.) This appeal is directed against the judgment of conviction and the order of sentence dated 10th May, 2005 passed by learned Sessions Judge, Simdega, in Sessions Trial No.69 of 2002 whereby and whereunder the trial court, having found the appellants guilty for committing murder of Marium Mundain and Sawana Munda, convicted them for the offence punishable under Section 302/149 of the Indian Penal Code and sentenced them to undergo imprisonment for life for the said offence. Further, they, on being found guilty for making an attempt to commit murder of P.W.6-Kondeya Munda, were convicted for the offence under Section 307/149 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for seven years and further to undergo rigorous imprisonment for three years for the offence under Section 148 of the Indian Penal Code.
(2.) The case of the prosecution is that on 16.11.2001 at about 04.00 P.M., while the informant -Kuwari Mundain (P.W.5) was in her house along with her husband and the family members as well as Sawana Munda (deceased) and were taking meal, all the appellants armed with Dauli and Balua, came over there and exhorted each other to kill Sawana Munda. Thereupon, they, by dragging Sawana Munda out of the house brought in the courtyard whereall the appellants started assaulting Sawana Munda with Dauli and Balua. There at the spot, Sawana Munda died. Thereupon all the appellants fled from there. Thereafter when the informant came out of the house, she met with her daughter-Vinita Mundain (P.W.2), who disclosed to her that while she was going to the house of Kondeya Munda (P.W.6) along with Kondeya Munda, they came across with the appellants, who were variously armed. There they told Kondeya Munda that they will not leave him and then, the appellant Pusha Singh made an attempt to give Dauli over his neck, but it hit on the right arm, as a result of which, his Arm was cut. He anyhow managed to flee from there. Thereafter, they left the place for coming to the house of Pandu Munda (P.W.1)-the husband of the informant. While they were coming to the house of Pandu Munda, they were telling that they had killed Marium Mundain. Thereafter, she along with her daughter-Vinita Mundain (P.W.2), came to the house of Marium Mundain, where they found the door being broke open and the Marium Munda was lying dead.
(3.) On 17.11.2001, the Officer-in-Charge of Bano Police Station- P.W.-12, Braj Kishore Kumar, received information that some occurrence has taken place at Bukatoli, Village Mahabuyang. He having entered such information in the station diary, proceeded to the place of occurrence and when came to place of occurrence, he recorded the fardbeyan (Ext.4) of P.W.5-Kunwari Mundain on the basis of which, a formal first information was drawn.;