- (1.) This Criminal appeal is directed against the judgment of conviction dated 09.03.2005 and order of sentence dated 10.03.2005 passed by learned Addl. Sessions Judge, Fast Track Court -II, Chaibasa, whereby and whereunder the learned Addl. Sessions Judge having found the appellant guilty for committing murder of the deceased directed him to undergo rigorous imprisonment for life for the offence punishable under Sections 302/34 of the Indian Penal Code and further sentenced him to undergo two years rigorous imprisonment for the offence punishable under Section 201 of the Indian Penal Code and both the sentences were directed to run concurrently.
(2.) The case of prosecution is that on 14.11.2003, the father of the informant, namely, Pradhan Angaria and mother, namely, Sombari Kui along with Parvati Kui (minor daughter of the informant) went to Goelkera 'Hat' for selling Lah from the Village : - Ulidih, Naya Basti. While they were returning from Goelkera Market at about 5.00 p.m., and passing through Leda II Jungle and Village : - Badaila, they met with accused Birsa Angaria @ Moto accompanied by one of his friend on the way. This appellant demanded khaini (tobacco) from deceased (Pradhan Angaria) and instructed Parvati Kui (child witness), a minor -girl to go from there. As such, P.W. 2 (Parvati Kui) returned to her village Ulidih and informed his brother about the grand - mother and grand -father, who did not return. Then a search was made. On 15.11.2003, Parvati Kui (P.W.2) had also informed to the informant (P.W.5) about the alleged occurrence. The informant (P.W.5) on 15.11.2003 along with other co -villagers went to Leda II Jungle and made search whereupon the dead bodies of the deceased Pradhan Angaria and Sombari Kui were found lying at right side of the road in Leda II Jungle. The dead -bodies of both the deceased were crushed with stones. Thereafter the dead -bodies of both the deceased were carried to Village : - Badaila due to fear of wild animals. The informant ­ Jobna @ Jobna Kui (P.W.5) along with Purn Chandra Angaria Munda and Lambora Manki went to the Police Station and narrated the incident. On the basis of information lodged by Jobna Kui (P.W.5), Goelkera P.S. Case No.32 of 2003 dated 16.11.2003 under Sections 302, 201/34 of the Indian Penal Code against the appellant Birsa Angaria @Moto Argaria and one unknown person was registered. The investigation was carried out, inquest report was prepared and dead -bodies were sent for its post -mortem examination.
(3.) The investigating officer, during investigation, examined the witnesses, collected post -mortem reports from Sadar Hospital, Chaibasa and submitted charge -sheet against the appellant. Accordingly, cognizance of the offence was taken and the case was committed to the Court of Sessions and registered as S.T. No.164 of 2004. Charges under Sections 302/34, 201 of the Indian Penal Code against appellant - Birsa Angaria @ Moto, were framed to which he pleaded not guilty and claimed to be tried.;