Aparesh Kumar Singh, J. - (1.) BOTH the appellants stand convicted for the offences under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo life imprisonment by judgment impugned dated 11th September, 2003/15th September, 2003 passed by Additional Judicial Commissioner, II, Khunti in connection with Sessions Trial No. 130 of 2002 arising out of Arki P.S. Case No. 23 of 2001 recorded on the basis of Fardbeyan of informant, Durga Munda on 23rd August, 2001 at 1.30 P.M.
(2.) THE prosecution story, inter alia, alleges that on 22nd August, 2001 in the night, the informant, his father Sanika Munda -deceased aged about 45 years and his elder brother, Samu Munda aged about 15 years were crushing paddy on the eastern side of Veranda of their house in the light of Dibri. On the southern direction his three sisters, namely, Bina Kumari aged 18 years (blind), Parvati Kumari aged 7 years and Sukru Kumari aged 3 years were having their food. At 8.30 P.M. suddenly Chamara Munda and his brother Jura Munda of the same village, aged 40 years and 37 years respectively, came armed with Tangi and Balua in their respective hands and without any statement started assaulting the informant's father, Sanika Munda with Tangi and Balua. The informant and other members of the family started crying and shouting at them not to kill him but they did not relent and threatened that if they kept on shouting they would also be killed. It is alleged that these two accused persons killed his father by making serious assault upon him with Tangi and Balua and thereafter fled away. According to the informant, the reason for such an incidence is a dispute relating to land. Thereafter, while the informant proceeded to the police station along with Chaukidar Budhu Mahua the police came. After completion of investigation and submission of charge -sheet cognizance was taken under Section 302 read with Section 34 of the Indian Penal Code against both the accused persons by learned A.C.J.M. Khunti and the case was committed to the Court of Sessions vide order dated 14th February, 2002. On denial of their involvement in the incidence the trial proceeded.
(3.) THE prosecution has produced 9 witnesses, of whom the informant, Durga Munda is P.W. 8 and his elder brother, Samu Munda is P.W. 1, both of them are eye witnesses to the occurrence. The mother of the informant, Jabni Mundaian is P.W. 2 also claims to have seen the occurrence while she was giving meal to her children and has also referred to the land dispute as being cause of murder. P.W. 3, Daud Pahan has proved his signature on the seizure -list marked as Ext. -1 and P.W. 4, Masidas Munda has proved his signature on the carbon copy of the seizure -list marked as Ext. -1/1. P.W. 5, Ramay Munda has proved his signature on the inquest report marked as Ext. -2 while P.W. 6, Ashina Munda has proved his signature on the carbon copy of inquest report marked as Ext. -2/1.;