D.N.UPADHYAY,J. - (1.) All these appeals arising out of the same judgment passed in connection with S.T.No. 575/2003 are heard together and are being disposed of by this common judgment.
(2.) These Cr. Appeals have been directed against the judgment of conviction and order of sentence dated 23.09.2008 & 30.09.2008 respectively passed by the Addl. Judicial Commissioner-I, Khunti in connection with S.T.No.575/2003, corresponding to G.R.No.618/2000, arising out of Bundu P.S. Case No.105/2000 whereby the appellants named above have been held guilty for the offence punishable under Section 396 of the Indian Penal Code and sentenced to undergo R.I. for life. One of the appellant Ramphal Oraon ( in Cr. Appeal No.1364/2008) has further been held guilty under Section 412 of the Indian Penal Code and sentenced to undergo R.I. for five years. The sentences so passed were directed to run concurrently.
(3.) The facts emerging from fardbayan of Pushp Lata Jaiswal recorded on 28.11.2000 at 19:30 hours is that dacoity was committed in the house of informant. Dacoits, who were 14-15 in number, armed with pistol, knife etc. entered in the house at about 6:30 p.m., overpowered the inmates, obtained key of the iron chest and looted ornaments and cash as detailed in the fardbayan. After committing dacoity, the dacoits went out of the house but again someone told that we did not perform main job for which we had been here. Thereafter one of the miscreant, who was tall in height, came back in the house and by putting pistol on the neck of Kailash Prasad Jaiswal (Bhainsur) of the informant, opened fire as a result Kailash Prasad Jaiswal died at the spot. The informant has also given physical description of dacoits.;