N.Dhinakar, R.R.Prasad, J. - (1.) The appellant was arrayed as A-2 alongwith Kishore Ekka and Xavier Ekka, who were arrayed as A-1 and A-3. They were charged and tried for the offence under Sections 302/34 of the Indian Penal Code. The trial Judge, while acquitting Kishore Ekka, A-1, and Xavier Ekka, A-3, found the appellant, Anand Minj, alone as guilty and sentenced him to imprisonment for life. He was also found guilty for the offence under Section 201 of the Indian Penal Code for which he was sentenced to imprisonment for six years. This appeal is against the said judgment of conviction and order of sentence.
(2.) PW 1, Sukhal Baraik, is the father of the deceased, Jamuna Baraik. The case of the prosecution is that on the evening of Deepawali festival, the deceased left the house and did not return home. PW 1, the father of the deceased searched for his son but could not find him. On 12/11/1986, he gave a written report at the police station and an entry was made in the Station Diary and enquiry was conducted by the police on 14/11/1986. In the meantime, A-3, Xavier Ekka, and A-1, Kishore Ekka, informed the villagers that the deceased was shot at by the appellant, Anand Minj, after Anand Minj asked them to bring him to a Mango tree.
(3.) After the said information was given to the police, a crime was registered and investigation was taken up. The body could not be found and only some torn pieces of a Pant and Shirt, which were in a ditch, were seized under the seizure list, attested by the witnesses and final report was filed against all three accused but the appellant alone was found guilty, as stated earlier.;