- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 4.8.2004 passed by the 1st Additional Sessions Judge, FTC, Giridih in S.T.No.177 of 2003 whereby and whereunder the court while acquitting the appellants for the offences punishable under Sections 376(2)(g), 380 of the Indian Penal Code and under Section 27 of the Arms Act convicted them for the offence punishable under Section 302/34 after finding them guilty for committing murder of three persons, Noorjahan, Guli Khatoon and Md. Sakir, aged about 5 years and sentenced them to undergo imprisonment for life.
(2.) The case of the prosecution is that the informant, a Choukidar Shyam Lal Turi while was returning home in the morning of 5.1.2003 after doing night patrolling duty and reached at Barkitarh (Maheshmunda), he heard people saying that three dead bodies are lying in a house. He went there and found two women Noorjahan and Gali Khatoon, 37 and 18 years old dead whose neck was cut and had been tied around a cot. A boy Md. Sakir aged about 5 years was found hanged by the roof with the help of rope.
(3.) Meanwhile, Fakru Zama (P.W.10), the then officer-incharge of Gonda police station received an information at about 9.30 a.m. that three dead bodies are lying in a house at Barkitarh. He along with his police party came at the place of occurrence where he found the informant Shyam Lal Turi (P.W.8) present over there and recorded his fardbeyan (Ext.3), on the basis of which, a case was registered against unknown and a formal FIR (Ext.4) was drawn. He himself took over the investigation. During which course, inquest reports (Exts.7, 7/1 and 7/2) were prepared and the dead bodies were sent for post mortem examination which was conducted by Dr.Rajesh Kumar (P.W.9). The doctor upon holding autopsy on the dead body of Md.Sakir found ligature mark encircling neck over which there were bruises at places and hyoid bone was found fractured. Doctor issued post mortem examination report (Ext.2) with an opinion that death was caused due to asphyxia, as a result of strangulation. Further doctor upon holding autopsy on the dead body of Md.Noorjahan did find the neck severed with some sharp instrument having incised wound 6" x 1/4 " x (up to bone). All the major vessels of neck were found cut. Wind pipe and oesophagus were also found severed. According to doctor, death was caused due to aforesaid injuries caused by sharp cutting weapon. Doctor proved post mortem examination report as Ext.3. On the same day, the doctor also held autopsy on the dead body of Guli Khatoon and found neck was severed with some sharp cutting weapon having incised wound 5" x 1/4" x (up to bone). All the major vessels of neck were found cut, wind pipe and oesophagus were also severed. According to doctor, cause of death was due to shook and haemorrhage on account of aforesaid injuries. He proved post mortem examination report as Ext.4.;