NARENDRA NATH TIWARI, J. - (1.) THE appellants were put on trial for the charges under Sections 302/34 of the Indian Penal Code and have been convicted under the same and sentenced to undergo rigorous imprisonment for life with fine of Rs. 2,0007 - each and in default of payment of the fine, further to undergo rigorous imprisonment for one year, each, by the 1st Addl. Sessions Judge, Singhbhum West, Chaibasa in Sessions Trial No. 409 of 1995.
(2.) THE prosecution case, as made out in the fardbeyan (Ext. -3), in brief, is that on 7.7.1995, at about 2.30 p.m., the informant, Disu Hessa, (not examined) along with his brother -in -law - Arjun Tamsoy, had gone to take bath in the pond of Munda Kanuram Tamsoy (P.W.4) of village Kumrita, which was about a distance of half a kilometer east -south. While, they were coming back alter taking bath, at about 3.00 p.m., suddenly the accused -appellants, Bonj Tamsoy, Mathura Tamsoy, Krishna Tamsoy and Budhram Tamsoy variously armed with Farsa, Bows and arrows caught hold of the brother -in -law of the informant, Arjun Tamsoy, and took him to the field of Ram Chandra Tamsoy, which was adjacent cost of the road. They pushed Arjun Tamsoy on the ground and when he fell down, Bonj Tamsoy, Appellant No. 3, gave Farsa blows on Arjun Tamsoy causing injuries on left shoulder, jaw and the ear. Budhram Tamsoy Appellant No. 2, Krishna Tamsoy -Appellant No. 1, and Mathura Tamsoy -Appellant No. 4, also pelted stone and caused injuries on the mouth and eyes of Arjun Tamsoy and he instantaneously died. When the informant intervened, the accused persons threatened him to kill. The accused persons, thereafter, escaped away. The informant then raised alarm and soon, thereafter, wife of the deceased - Sombari Kui -(P.W.2), the sons of the deceased, Jeena Tamsoy (P.VV.3), Sim Tamsoy and the Munda of the village, namely, Kanuram Tamsoy (P.W.4) arrived at the place of occurrence, who also saw the accused persons fleeing away. The informant then narrated the incident to them. The reason of the incidence was the previous enmity, as about one year ago, Bonj Tamsoy and Mathura Tamsoy had committed murder of Chamra Tamsoy and a case of murder was registered against them and in that case, both of them were released from jail two -three months before the said occurrence. The deceased, Arjun Tamsoy, had helped in institution of the case of murder of Chamra Tamsoy against the accused appellants, namely, Bonj Tamsoy and Mathura Tamsoy. From the record, it appears that the Investigating Officer in course of investigation recorded further statement of the informant, Sombari Kui (P.W.2), Jeena Tamsoy (P.W.3), Kanuram Tamsoy (P.W.4) and others. He had also visited the place of occurrence and prepared inquest report (Ext. 5). He had also seized Farsa, stained with blood like substance, from the house of accused Krishna Tamsoy vide seizure list (Ext.6). He had seized blood stained soil and a piece of stone from the place of occurrence and prepared the seizure list (Ext.6/1). On conclusion of the investigation, the investigating Officer submitted charge sheet against all the four accused persons under Sections 302/34 of the Indian Penal Code.
(3.) IN order to bring home the charges the prosecution, examined six witnesses. Out of them, P.W. 1, P.W.4, P.W.5 and P.W.6 are formal witnesses. P.W.1 Dhirendranath Jha, proved the postmortem report, Ext.1; P.W.4, Kanuram Tamsoy, village Munda, is the witness of the inquest report. Another witness of the inquest report, Simal Tamsoy, was not examined. P.W.4 identified the signature (Ext.2) on the inquest report and also the signature of Simal Tamsoy (Ext.2/1). P.W.5, Shankarlal Chirania, who is an advocate clerk, proved the fardbeyan and inquest report written and signed by S.I., B.B. Pandey, (Ext.3) and (Ext.5), the formal First information Report written and signed by the Officer -in -charge of Majhgaon police station, namely, Ramayan Prasad Singh (Ext.4) and also proved the two seizure lists; seizure lists of the seizure of Farsa and seizure of piece of stone and blood stain soil (Exts.6 and 6/1), respectively. P.W.5 proved the case diary (Ext.7), written and signed by the S.I., B. B. Pandey. P.W.6, Sidharth Shankar, is literate constable posted in Crime Branch of the office of the Superintendent of Police at Chaibasa. He stated that the S.I., B.B. Pandey, is dead. He proved the endorsement on summon seeking attendance of the Investigating -Officer (Ext.8). Out of the material witnesses, P.W.2 is the wife of the deceased (Sombari Kui) and P.W.3 Jeena Tamsoy is the son of the deceased. They are the witnesses of the occurrence.;