- (1.) The appellants were tried and convicted for the offence under Sections 302/34 and 341/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34, IPC and simple imprisonment for a period of one month under Section 341/34, IPC. Feeling aggrieved the appellants have preferred this appeal.
(2.) The case was registered on the basis of the fardbeyan (Ext. 3) of the informant Somra Oraon (PW 1) recorded by the ASI Tej Narain Singh (PW 7) of Chanho Police Station on 14.6.1996 at 8.30 a.m at Mahuatand within Chanho Police Station. The facts of the case, stated briefly, is that on 14.6.1996 at about 6.45 a.m. the deceased Rahman Ansari and his companion Somra Oraon (PW 1) were going towards Bijupara Bus Stand. When they reached at a place called Mahuatand. they were intercepted by these appellants along with one Ibrahim Ansari (co-accused). The informant PW 1 and his companion, namely, the deceased Rahman Ansari got down from their bicycle. The appellant Madhav Oraon brandished a pistol and pointing it towards Somra Oraon, threatened to kill him and chased him away. Somra Oraon (PW 1) ran away for his life, but after halting at some distance, he turned back and saw that his friend Ramhan Ansari was being assaulted with knives by both these appellants and also by Ibrahim Ansari. Seeing the incident, he ran to the nearby village Deshwali and informed the villagers and returned to the place of the occurrence along with the villagers. By then, the assailants had retreated. The informant (PW 1) and the villagers who had arrived at the place of the occurrence found the deceased in a seriously injured condition, with a dagger sticking in his neck through and through. The injured was unable to speak. By that time, the police officer namely T.N. Singh (PW 7) had also arrived. The injured was conscious enough and by gestures, he asked for a piece of paper on which he wrote down three names, including the names of these two appellants. Though the injured was taken to the hospital for the treatment of his injuries, he could not survive and he succumbed to his injuries. His dead body was thereafter forwarded for post mortem examination. Autopsy on the dead body of the deceased was conducted at the hospital by Dr. Saroj Kumar (PW 11). The motive for assault is alleged to be previous enmity on account of land dispute.
(3.) At the trial, the prosecution had adduced evidence of as many as 11 witnesses, including the informant (PW 1), investigating officer (PW 7) and the doctor (PW 11) who had conducted post mortem examination on the dead body of the deceased. The list of witnesses also includes certain witnesses who claim to be the eyewitnesses to the occurrence. These include witnesses Samiban Khatoon (PW 2), Sahijan Ansari (PW 3), Sk. Siraj Mian (PW 4) and Abdul Majid (PW 8) and Murtaza Ansari (PW 10). The appellants had pleaded not guilty to the charge and pleaded innocence and of their false implication in the case.;