- (1.) The present appeal arises out of the judgment dated 17.12.2013 and conviction dated 23.12.2003 passed in S.T. No. 416 of 2002 whereby both the appellants (for short hereinafter to be referred as the accused) are found guilty for the offence punishable under Section 302/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.
(2.) Since the appellants are in custody for the last 13 years, preference has been given to the instant appeal for its final hearing.
(3.) Prosecution story, as set out in the fardbeyan of the informant Bagi Devi (wife of the deceased) (P.W.4), recorded on 06.06.2002, at about 08.00 p.m. is that on the same day, i.e., 06.06.2002, at about 10.00 a.m., a quarrel took place between the wife of accused Madan Singh Munda and a girl of Phakir Nayak of Sarigao. Jagarnath Singh (the deceased) went there and settled the dispute. At the same time, fight started between the deceased and accused Madan Singh Munda. It is thereafter, the informant brought her husband to her home. In the evening, when the deceased sitting in his courtyard with the first informant and their child, at about 5 O' clock, accused Madan Munda and Ramesh Singh Munda came there. Ramesh Singh Munda was holding a knife in his hand. As soon as the accused persons came, Madan Singh asked "will you fight with me". In the meantime, accused Ramesh took a wooden stake (Balli) from the courtyard and hit on the back of the head of the deceased, consequently he fell on the ground and the wooden stake also divided in two pieces. The informant asked both the accused as to why they were fighting and told them to sit and talk, upon which accused Ramesh threatened to keep her mouth shut otherwise she would also be beaten. Thereafter both the accused persons stabbed the deceased with knife on his chest one by one when the deceased was already lying senseless on the ground. Thereafter both of them ran towards the informant to kill her, however, she along with her son (P.W. Lakshaman Singh) ran away. After some time, she came back to her house with Dharamnath Munda and saw the deceased lying dead with stabbed marks of knife on his person.;