H.C. Mishra, J. - (1.) (C.A.V.) - Heard learned counsel for the appellants, Tangna Koka and Kaju Uraon and the learned counsel for the State. The other two appellants Satna Uraon and Mansa Oraon died during the pendency of this appeal and the appeal as against them, abated by order dated 01.09.2016.
(2.) The appellants are aggrieved by the Judgement of conviction and Order of sentence dated 18.02.1992, passed by the learned 7th Additional Judicial Commissioner, Ranchi, in S.T. No. 170 of 1990, whereby the appellants have been found guilty and convicted for the offence under Sections 148, 302/149 and 201/34 of the Indian Penal Code, and upon hearing on the point of sentence they have been sentenced to undergo rigorous imprisonment for one year for the offence under section 148 of the Indian Penal Code, rigorous imprisonment for five years for the offence under section 201/34 of the Indian Penal Code, rigorous imprisonment for life and a fine of Rs.1,000/- each, for the offence under section 302/149 of the Indian Penal Code, and all the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Munni Tirki, the wife of the deceased, Bishnu Kachhap. She has stated that on 11.11.1989 in the night after taking meal she had slept with her husband and her son aged five years. She woke up as her husband was scolding the son, whereupon she asked her husband not to scold the child. Thereafter, her husband put on his shirt and shoes and asked her to close the door as he was going out. She asked her husband not to go out in the night, but her husband went out saying that someone was calling him. The informant thereafter closed the door and slept. After 1/2 an hour she heard the alarm raised by her husband calling her, whereupon she came out and went towards the akhara from where the sound was coming, and found Satna Oraon (since dead), Tangna Koka, Kaju Oraon and Mansa Oraon (since dead), who were variously armed along with 10 to 12 unknown persons, assaulting her husband. She tried to save her husband, but Satna Oraon who was armed with Farsa threatened to kill her. Thereafter, she went near the house of Bimal Kachhap and her husband also tried to flee away, upon which Satna Oraon assaulted him by Farsa on his head and other named accused persons also assaulted him by Bhala and Lathi, due to which her husband died there. This witness knocked the door of Bimal Kachhap, whereupon the mother of Bimal Kachhap opened the door to whom she informed about the occurrence and due to fear the door was closed taking her inside the house. In the morning they came out and saw the blood shed on the earth. Blood stains were found nearby also, but her husband was not there. She asked a boy, namely, Gandra, to inform her elder brother-in-law. The dead body was not found even upon search. She has stated that there was enmity between Satna Oraon and her husband for distribution of pigs which was supplied from the block. The other accused was involved in gambling which was objected by her husband, due to which also they had threatened her husband, due to which they had assaulted her husband. On the basis of the fardbeyan, Kanke P.S. Case No. 126 of 1989, corresponding to G.R. No. 3697 of 1989 was instituted and investigation was taken up. After investigation the police submitted the charge-sheet against the four accused persons. The fact remains that none of the other persons have been charge-sheeted, except the four accused persons, though it is admitted by P.W.-1, Munni Tirki, the informant, that unknown persons who were also present with the named accused persons, were also of the same village.;