- (1.) SINCE both the appeals arising out of same case were heard together the same are being disposed of by this common judgment.
(2.) THOSE two appeals are directed against the judgment of conviction dated 15.7.2004 and order of sentence dated 17.7.2004 passed by the then Additional Sessions Judge -cum -F.T.C. No. 1, Gumla in S.T. No. 169 of 2003 whereby and whereunder the appellants on being found guilty for committing murder of Uchit Narayan Sai were convicted for the offence punishable under Section 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life. The case of the prosecution is that on 14.1.2003 at about 8.30 p.m. the informant, Shyam Charan Sai (P.W.7) and his elder brother Uchit Narayan Sai had taken their meal in the house. Thereupon Uchit Narayan Sai (deceased) came to sleep at the house situated at Jackfruit orchard whereas the informant came to the house situated near a pond. In the night at about 10 p.m. the informant heard distress sound, upon which he rushed towards Jackfruit orchard. In the meantime, he heard sound of firing. Being scared of he hided himself behind the creeper of bin (a kind of vegetable). From there, he saw these two appellants and also Prahlad Sai, Tulsi Singh and Satendra Singh assaulting the deceased with sharp weapon. He remained hiding there till the accused persons fled from there. Only thereafter he came to Turhi forest and hided himself for whole night. In the morning, he came to Jackfruit orchard where he did find gun shot injury over the belly of the deceased and that apart, cut injuries were also there on the neck of the deceased.
(3.) ON 15.1.2003 at about 12.30 p.m. when Md. Aftab Ahmad, Officer -in -Charge of Dumri police station came to the village, Shyam Charan Sai (P.W.7) gave his fardbeyan (Ext.4) to the same effect as has been stated above. The motive which has been assigned is that the accused persons were having land dispute with the deceased as well as the informant and therefore, they committed such offence.;