- (1.) ALL these three appeals, arising out of the same case, were heard together and are being disposed of by the common judgment.
(2.) THESE appeals are directed against the judgment of conviction dated 19/01/2005 and order of sentence dated 20/01/2005, passed by the Additional Judicial Commissioner -cum -F.T.C. -X, Ranchi in Sessions Trial No. 406 of 1988, whereby and whereunder the Court having found the appellants Harinandan Mahto (Cr. Appl. No. 155 of 05) and Tetalal Mahto (Cr. Appl. No. 397/05) guilty for committing murder of Bishun Oraon and also for causing disappearance of the evidence of the murder, convicted them for the offence punishable under Sections 302/34 and 201/34 of the Indian Penal Code, and further, the appellant Ganesh Mahto @ Charka (Cr. Appl. No. 154/05) was convicted for the offence punishable under Section 201/34 of the Indian Penal Code. The appellants Harinandan Manto and Tatalal Mahto were sentenced to undergo R.I. for life for the offence under Section 302/34 of the Indian Penal Code. Further, those two appellants alongwith appellant Ganesh Mahto @ Charka were sentenced to undergo R.I. for seven years and to pay a fine of Rs. 2000/ - for the offence punishable under Section 201/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(3.) THE case of the prosecution, as has been made out by the informant Magan Oraon (not examined), in his fardbeyan, is that on 25/08/1981, while he was returning home, he came across with Bishun Oraon (deceased) at Village -Chaya. Both were the forest guards. On coming across with Bishun Oraon, the informant Magan Oraon asked him as to where is he going. Upon it, Bishun Oraon (deceased) replied that he will return home after sometime. On the next day, i.e. 26/08/1981, when the informant did not find Bishun Oraon at his house, he started searching him. In that course, he came to Village -Chaya and made inquiry from several persons, but he did not get any clue from them. Thereupon, he came to Village -Murgi at the house of Harinandan Mahto (appellant in Cr. Appl. No. 155/05). There the wife of Harinandan Mahto disclosed to him that Bishun Oraon had been to her house in the last evening and she had served rice as well as liquor to him. Thereupon, the informant returned home. At about 10.00 A.M., he alongwith Mangra Munda again started searching him. In that course, he made inquiry from the sons of Ex. V.L.W. of Village Murgi, who disclosed that on 25/08/1981 at about 6.30 P.M. in the evening they had seen the deceased to whom they had asked as to where is he going. At that time they had also seen 3 -4 persons standing there to whom they, on account of darkness, could not identify. Thereupon, the informant gave such information in the office. On 28/08/1981, at about 08.00 A.M., he came to know from Ranthu Oraon that a dead body is floating in a well at Village Murgi belonging to one Jitu Mahto. He went there and found the dead body of the deceased Bishun Oraon in the well. On that day, i.e. 28/08/1981, he did not inform to the police, rather on the next day, i.e. 29/08/1981, when information was given to the police, his statement was recorded by one D.N. Singh, ASI of Burmu Police Station. On the basis of which a formal F.I.R. was drawn. The matter was taken up for investigation by the Investigating Officer, who has not been examined by the prosecution in this case. However, it appears that the dead body was sent for Post Mortem examination on 30/08/1981, which was conducted by the Dr. R.S. Prasad (P.W. - 6). On holding autopsy, the Doctor did find as follows: - "Decomposition was in progress, bloating of entire body, Protrusion of tongue and megot infestation. Cranium and Spinal Canal and thorax did not show any abnormality. 75 grams of rice was present in the stomach and urinary bladder was empty. Wounds, sign of suffocation, pressure over the neck and chest were not present. According to the Doctor, cause of death could not be ascertained." The Doctor issued Post Mortem examination report, which has been proved and marked as Ext. -2. ;