- (1.) THESE two appeals since arising out of the same judgment were heard together and are being disposed of by this common judgment.
(2.) BOTH the appellants were put on trial on the charges of committing murder in furtherance of their common intention of Randai Kumari and Budhani Kumari and further for attempting to commit murder of Somati Kumari, Bikrai Munda and Budhani Mundain. The court having found the appellants guilty for both the charges convicted them under Sections 302/34 and 307/34 of the Indian Penal Code, vide judgment dated 15.12.2004 passed in S.T. No. 59 of 2002 and sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 and further to undergo rigorous imprisonment for ten years for the offence punishable under Section 307/34 of the Indian Penal Code. The case of the prosecution as has been made out in the Fardbeyan is that on 17.5.2001 at about 6.30 p.m. while the informant Budhu Munda (P.W.4) was feeding his cattle, three persons armed with gun came, caught hold of him and asked him to come to forest for taking part in a meeting. The informant resisted by saying that this is not a proper time to go for meeting, upon which one of the miscreants struck him in his abdomen with a butt of gun. Thereupon they started taking him towards forest. Meanwhile, Sumari Mundain (P.W.5), wife of the informant Budhu Munda came and made a request not to take him towards forest. In the way, three more miscreants having armed with gun joined them. They also caught hold of Dira Munda, brother of the informant, and started taking towards forest. Meanwhile, several ladies and children who assembled there prevented them from taking both the persons to forest. Resultantly the miscreants made them free but warned that they will be coming again in the night for taking them to Forest. The miscreants proceeded ahead but suddenly some of them turned around and fired shot causing gun shot injuries to Randai Kumari and Budhani Kumari who died immediately. On account of firing being made by the miscreants Somati Kumari, Bikrai Munda and Budhani Mundain had also received gun shot injuries. The injured were sent to Lapung Hospital for treatment. On the next day, i.e. 18.5.2001 at about 8.30 a.m. the informant went to Lapung police station where he gave his Fardbeyan (Ext. 4) which was recorded by Bashistha Narain Singh (P.W.9), the then Officer -in -Charge of Lapung police station wherein the informant narrated about the incidence as has been stated above and also disclosed that the miscreants had committed offence at the instance of these two appellants,, who are inimical to him on account of land dispute, upon which first information report (Ext. 5) was drawn. The said Bashistha Narain Singh (P.W.9) took over the investigation, during which he came to the village and made inquest on the dead bodies of Randai Kumari and Budhani Kumari and prepared inquest reports (Exts. 6 and 6/1). Thereupon the dead bodies were sent to post mortem examination which was conducted by Dr. Tulsi Mahto (P.W.7), who upon holding autopsy of the dead body of Randai Kumari did find following injuries. "Fire arm wounds - Having wounds of entrance of pillets over the entero lateral aspect of the abdomen. Size of the wounds measuring each about 1/2 cm. in diameter, spreading over an area of 17 cm. x 9 cm. on the right side of abdomen. Most of the pillets had entered into the abdominal cavity."
(3.) DOCTOR issued post mortem examination report (Ext. 3) with an opinion that death was caused due to internal haemorrhagic shock as a result of fire arm injuries.;