D.K.SINHA, J. - (1.) THE present appeal is directed against the judgment of conviction and order of sentence passed by the Sessions Judge, Palamau at Daltonganj whereby the appellant Lalan Sao was convicted under Section 302 l.P.C. and the other two appellants Ram Chandra Sao and Birendra Sao under Section 302/ 34 l.P.C. and all the three appellants were sentenced to suffer life imprisonment each in Sessions Trial No. 374/1997.
(2.) THE prosecution was launched on the basis of the written report (Ext. 6) presented by the informant Gulpati Devi stating inter alia that on 11.7.96 while her son Nanku Sao (since deceased) was taking his meal in the night at about 10 O'clock the appellants namely Ram Chandra Sao and Birendra Sao came to her door and called out her son. While she was enquiring the purpose of calling her son Nanku, in the meantime, the appellant Lalan Sao appeared having sword in his hand and asked Birendra Sao to eliminate her son by setting the discord once for all and in the same sequence Lalan Sao intruded in the courtyard of the informant and inflicted blow with the sword on the neck as a result of which Nanku Sao sustained severe bleeding injuries from his neck. The informant raised alarm and pursuant to that Pappu Sao (P.W. 2) Raj Nath Sao (P.W. ) and Krishna Sao (P.W. 4) rushed there and apprehended the appellant Lalan Sao with the sword. Her son Nanku Sao was removed to Nagarutari Hospital on a jeep and from there he was referred to another Hospital for the better management of his injuries and she could not say as to what was the condition of her son at the time of her statement. She further narrated in the written report that the blood stained sword of the appellant Lalan Sao was lying there. On receipt of the written report the police registered Nagar Utah P.S. Case No. 60/96 against all the three appellants for the offence under Section 307/34 l.P.C. on 11.7.96 at about 22.45 hours i.e. within the short span of the commission of the offence. The victim was first taken to Garhwa and from there he was referred to Daltonganj Hospital where he succumbed his injuries during treatment. 3 The police after investigation submitted charge -sheet against the appellants for the offence under Section 302/34 l.P.C. and accordingly charge was framed against them for the said offence. The appellants pleaded not guilty and claimed to be tried.
(3.) AS many as 12 witnesses were produced and examined on behalf of the prosecution. Besides, prosecution proved the signature.of Pappu Kumar on the seizure list Ext. 1, signature of another attesting witnesses on the seizure list Ext. 1/1, post mortem report Ext. 2, F.I.R. Ext. 3, seizure list Ext. 4, inquest report Ext. 5 and the written report of the informant Ext. 6.;