R.R.PRASAD, J. - (1.) BOTH the Appellants, namely, Prithibi Bhagat and Mundru Baitha were put on trial alongwith accused Chhantu Munda (since died) to face charges under Sections 302/34 and 201 of the Indian Penal Code for causing death of Arun Singh in furtherance of their common intention and also for causing disappearance of evidence of the offence of the murder with the intention of saving themselves from legal punishment. The Trial Court on finding the Appellants guilty on both counts convicted them under Sec.302/34 and also under Sec.201 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life for an offence under Sec.302/34 of the Indian Penal Code. However, no separate sentence was passed under Sec.201 of the Indian Penal Code,
(2.) THE case of the prosecution is that Arun Singh, son of Hareshwar Singh, the informant (P.W. 15) was running a shop for selling shoes at Ghaghra. Everyday he used to go to Ghaghra on Motor Cycle and in the evening he used to come back to his village invariably by 7 -8 p.m. But on 13th September, 1998, when his son did not return till 10 o'clock in the night the informant became perturbed. However, at 10.15 p.m. one Bhagwan Oraon (not examined) came to his house alongwith 3 -4 persons and informed him that they saw Motor Cycle belonging to Arun Singh lying near "Chhatwar Culvert" where one Bhujali is also lying but they did not see Arun Singh nearby it. On getting this information the informant Hareshwar Singh, father of Arun Singh, alongwith the villagers set out in search of his son and saw the dead body of his son lying in a field situated near that culvert. Meanwhile, Satish Kumar Sinha (P.W. 16) the then Sub - Inspector of Police posted at Ghaghra Police Station on getting information that someone has been murdered near Chhatwar Culvert came there and found the dead body of Arun Singh. The father of the deceased and others, were also present over there. Hareshwar Singh (P.W. 15) father of the deceased gave Fardbeyan (Exh. 4) raising suspicion against Chhantu Munda as well as Appellant, as Chhantu Munda was inimical to the deceased and the said Chhantu Munda and his associates, the Appellants, some days before the occurrence had extended threat to the deceased of dire consequence. It was also disclosed by the informant that the Appellant as well as Chhantu Munda were seen by passers -by including Ramesh Gope (P.W. 4) the salesman of the shop of the deceased, near Culvert having weapons with them. On the basis of said Fardbeyan a case was registered and a formal First Information Report (Exh. 7) was drawn and the matter was taken up for investigation by the Investigating. Officer, Satish Kumar Sinha, who held inquest on the dead body and prepared an Inquest Report (Exh. 6). Subsequently, the dead body was sent to Sadar Hospital, Godda for post -mortem examination where Dr. Hemant Kumar (RW. 9) did autopsy on the dead body and found the following ante mortem injuries. Injury No. 1: Incised wound size 1" x 1/2" x 1/3" over left side of nose. Injury No. 2: Incised wound size 1 - 1/2" x 1/2" x 1/4" on front of nose. Injury No. 3: Incised wound size 1 - 1/2" x 1/2" x 1/2" over middle of front of chest. Injury No. 4: Incised penetrating wound size 1 - 1/2" x 1/2" x 3" over left side of front of chest with cutting of lower part of heart. Copious blood present in thoracic cavity. Injury No. 5: Incided penetrating wound size 1 - 1/2" x 1/2" x3" over left side of front of chest below injury No. 4 with cutting of left lung copious blood present in thoracic cavity. Injury No. 6 Incised wound size 1 - 1/2" x 1/2" x 1/2" over left side of lower part of chest. Injury No. 7: Incised wound size 1" x 1/2" x 2 - 1/2" over left upper abdomen with cutting of left lobe of liver and loops of small intestine at places blood present in abdominal cavity. Injury No. 8: Incised wound size 1 1/2 x 1/2'1/2' over left hypochondrium. Injury No. 9: Incised wound size 1 -1/2" x 1/2" x 1/2" over upper middle abdomen Injury No. 10: Incised wound size 1 -1/2" x 1/2" x 1/2" over right lateral upper abdomen. Injury No. 11: Three incised wound sizes varying from 1" x 1/2" x 1/2" to 1 " -1/2" x 1/2" x 1/2" over dorsum of left hand. ' Injury No. 12: Incised wound 1/2" x 1/2" x 3" over left index finger. Injury No. 13: Incised wound size 1 -1/2" x 1/2" x 1/3" over right middle finger. Injury No. 14: Incised wound size 2" x 1/2" x 1/2" over middle of back. Doctor issued Postmortem examination report (Exh. 1) with an opinion that all the injuries were caused by sharp cutting weapon and injuries 4,5 and 7 were sufficient to cause death in ordinary course of nature either signally or in combination. In course of investigation, the Investigating Officer (P.W. 16) seized Tangi (Exh. I) and Bhujali (Exh. II) which were found lying hear the dead body under Exh. 5. Further, the Investigating Officer also recovered Chhura (material Exh. III) on the basis of confession made by one of the Appellants Prithvi Bhagat and seized it under Exh. 5/1. In course of investigation, the Investigating Officer also got the statements of Sawna Munda (P.W. 6) and Sampati Devi (P.W. 7) recorded by the Magistrate Sri Bipin Bihari Mishra (P.W. 13) under Sec.164 of the Code of Criminal Procedure.
(3.) AFTER Completion of investigation, police submitted charge sheet against the Appellants and cognizance of the offence was taken and in due course when the case was committed to the court of sessions, charges were framed to which the Appellants pleaded not guilty and claimed to be tried.;