D.K.SINHA, J. - (1.) THE present Cr. Appeal is directed against the judgment of conviction under Sections 302/34, 307/34 and 341/34 of the Indian Penal Code passed by Shri Arun Kumar Datta, the Additional Sessions Judge, Ghatshila in S.T. No. 103 of 2001 whereby the sole appellant, Sanjay Murmu has been sentenced to undergo rigorous imprisonment for life, rigorous imprisonment for seven years and simple imprisonment for one month respectively under the aforesaid sections with direction that the sentences would run concurrently.
(2.) THE prosecution story as it stands narrated in the statement of the informant, Arsu Murmu recorded in Moshabani Mines Hospital on 8.7.1999 at 11.10 a.m. in injured condition was that on the same day she alongwith her son Anta Murmu (since deceased) and Halwaha Burha Murmu had been to her field and while Halwaha Burha Murmu was ploughing the field the appellant Sanjay Murmu with his father Baley Murmu appeared there armed with bow, arrows and axe in their hands and enquired as to why they were ploughing the field whereupon her son Anta Murmu (since deceased) replied that the field, belonged to him and as such he was cultivating it for the last 50 years. His such reply ignited the situation which turn into altercation between them and it is alleged that the accused Baley Murmu shot arrow from his bow which struck in the thigh of Anta Murmu. He again shot another arrow which penetrated his chest and he started running in injured condition. When the informant enquired as to why they were shooting arrows on her son, it is alleged that then the appellant Sanjay Murmu inflicted blow in her abdomen with the Axe causing bleeding injury and on alarm raised by the informant, a large number of witnesses assembled there who witnessed both the assailants running away from the place of occurrence. She went out in search of her son and found her son Anta Murmu. lying dead under a banian tree sustaining injuries. From there she came to Mosabani police station to inform the police but she was immediately sent to the hospital where she was treated and her statement was recorded. Disclosing the genesis of the occurrence, she explained that there held a Panchayati in respect of the disputed land alleged to be place of occurrence in the village, but none of the accused adhered to the verdict of the Panchayati and out of anguish Sanjay Murmu inflicted axe blow on her abdomen whereas his father Baley Murmu shot arrows from his bow to Anta Murmu as a result of which her son died sustaining injuries. The police on the statement of the informant Arsu Murmu (PW 2) instituted a case being Moshabani Police Case No. 39 of 1999 dated 8.7.1999 under Sections 302/307/341/34, IPC and after investigation the police submitted charge -sheet against both the accused Baley Murmu (father of the appellant) and Sanjay Murmu (appellant) under the aforesaid sections of IPC. After framing of charge they were put on trial.
(3.) IT is to be noted that though charge against both the accused persons was framed but in course of trial father of the appellant, Baley Murmu escaped and thereafter the trial of Baley Murmu was separated by splitting up of the record of the trial and the appellant was proceeded who denied his guilt. The appellant was examined under Sec. 313 of Cr PC wherein he examined that he heard that Arsu Murmu was playing which, as such, some one might have inflicted injury on her and that he was innocent.;