- (1.) THE present Cr. Appeal is directed against the judgment of conviction of the appellants dated 11.7.03 under Sec. 302/34 I.P.C. and order of sentence dated 14.07.2003 of rigorous imprisonment for the life to each of the appellants passed by the Additional Sessions Judge, F.T.C. IInd, Chaibasa in Sessions Trial No. 53/2000 arising out of Manjhari P.S. Case No. 14/1999.
(2.) THE prosecution story as it stands narrated in the statement of the informant Lakhan Champia (P. W. 7) before P.W. 8 Hardan Baitha, Officer -in -Charge of Manjhari Police Station recorded on 7.7.99 at 11 hours at village Ipilsingi was that there was fair in the village Telesarai on 5.7.1999 which was attended by the people of adjoining villages. When the fair concluded at about 7 p.m. on the same day he started returning with his elder brother Nauru Champia (since deceased) to his home village on foot and at about 7.30 p.m. when he arrived near the road bridge, situated at the north of his village and that his elder brother was behind him the appellants all of a sudden along with their sister's son arrived there. The informant alleged that his brother Nauru Champia was held by the appellant Sidiu Bodra and it was the another appellant Purno Bodra who fired shot from his pistol and on the sound of firing he witnessed that his brother fell down and by the time he arrived near his brother all the three culprits escaped towards north. He attempted to lift his injured brother as there was bleeding from his neck in the meantime all the three assailants started running towards him and he, out of fear, fled away from the place of occurrence leaving his injured brother. He immediately came to his house, communicated the occurrence to his cousin (Murlung Champia) P.W. 4 and the wife of the victim Kairi Kui (P.W.6) and others with whom he returned to the place of occurrence with the torches in their hands and found his brother Nauru Champia in a state of unconscious. The victim was any how lifted and removed to the home and by that time it was late in the night. Explaining the delay, the informant narrated that on subsequent day there was raining and for want of any means of communication, the victim could not be taken for his treatment and in the previous night his injured brother Nauru Champia succumbed his injuries. Disclosing the genesis of the occurrence the informant narrated that his father and uncle had mortgaged their land in the family of the appellant Purno Bodra which was redeemed on payment of Rs. 3,000.00 and after redemption the witnesses came in cultivating possession and for that the appellants were nursing grudge as they were not inclined to leave the lands and for this reason the appellants and their sister's son in furtherance of common intention committed murder of his brother and had also attempted on his life but he escaped and saved. The occurrence was witnessed by several witnesses. The informant further endorsed that he delivered his statement in presence of the area Manki, Dinesh Chandra Tamsoy (P.W. 1) in whose presence it was read over and explained to him and after finding it correct he put his thumb impression and the P.W. 1 attested his statement by putting his signature. The case was instituted under Sec. 302/34 I.P.C. as also under Sec. 27 of the Arms Act against the appellants and their sister's son (not named). The charge -sheet was submitted only against the appellants and accordingly, charge was framed against them under Sec. 302/34 I.P.C. which they pleaded not guilty and claimed to be tried.
(3.) THE specific defence of the appellants was their false implication. Altogether 12 witnesses were produced and examined on behalf of the prosecution. Besides, the prosecution proved the signature of P.W. 2 on the seizure list Ext. 1, signature of P.W. 3 Narayan Tomsoy (P.W. 3) Ext. 1/1, Fard Bayan Ext. 2, F.I.R. Ext. 3, inquest report Ext. 4, seizure list Ext; 5 and the postmortem report Ext. 6.;