VIRENDER SINGH, SHREE CHANDRASHEKHAR, JJ. - (1.) The appellantaccused persons (For short 'accused') were sentup for trial for committing offence u/s 302/149 I.P.C. in Sessions Case No. 259 of 1993. Along with them, another accused Tarachand Tuddu @ Tara Tuddu who was charged for offence u/s 302/109 I.P.C. was also tried and convicted. However, during the pendency of the criminal appeal filed by him separately i.e., Criminal Appeal (DB) No. 532 of 2003, he died as such the second appeal stood abated. The learned 4 th Additional Sessions Judge, Dumka found all the six accused including aforesaid Tarachand Tuddu guilty for charge u/s 302/149 I.P.C. and sentenced them to undergo R.I. for life for allegedly committing the murder of one Malho Kisku. Aggrieved of the judgment and order of conviction and sentence dated 28.03.2003 and 31.03.2003, the present Criminal Appeal (DB) No. 612 of 2003 is before us. PROSECUTION CASE :
(2.) The prosecution case is unveiled in the fardbeyan of one Babulal Soren, the husband of the deceased who gave his statement before the OfficerinCharge of Ramgarh Police Station on 08.09.1992. The informant who at the time of occurrence was at village Kadma, was informed about the murder of his wife namely, Malho Kisku at Dhankutta, by Shyamlal Murmu (since dead) whereupon, the informant came to Dhankutta where his son Guru Soren (P.W. 1) told him the eyewitness account of the said occurrence. The informant claimed that his daughter namely, Sukarmuni Soren (P.W. 2) and several other villagers had also witnessed the occurrence. The fardbeyan of the informantBabulal Soren was recorded on 08.09.1992 at 15:45 hrs, on the basis of which First Information Report being Ramgarh P.S. Case No. 75 of 1992 was registered for offences u/s 147, 148, 149 and 302 I.P.C. against Sanatan Soren, Devi Lal Soren, Hopna Soren, Bishu Soren, Soneram Soren, Dev Lal Soren and Tarachand Tuddu @ Tara Tuddu (since dead). The police, on completion of the investigation submitted chargesheet for offence u/s 147, 148, 149 and 302 r/w Section 149 I.P.C. against all the accused persons except, Tarachand Tuddu who was chargesheeted u/s 302/109 IPC, showing Dev Lal Soren absconder. PROSECUTION EVIDENCE :
(3.) During the trial, the prosecution examined as many as 10 witnesses including, Babulal Soren (P.W. 4), Guru Soren (P.W. 1), Sukarmuni Soren (P.W. 2) and Dr. Prabhat Kumar Sinha (P.W. 6) who had conducted the autopsy on the deadbody of the deceased Malho Kisku. The trial court found that P.W. 1 and P.W. 2 are the only eyewitnesses to the occurrence however, the evidence of Babulal Soren who has seen the injuries on the deadbody of his wife and also stated about the motive for committing murder of his wife, inspired confidence.;