PRADIP KUMAR MOHANTY,ACJ - (1.) Since these criminal appeals arise out of the common judgment passed by Additional Sessions Judge (Fast Track Court), Sahibganj in Sessions Case No. 53 of 2004, they are being heard together and disposed of by this common judgment.
(2.) These appeals are directed against the judgment of conviction dated 3.5.2005 and order of sentence dated 5.5.2005 passed by Additional Sessions Judge (Fast Track Court). Sahibganj in Sessions Case No. 5.3 of 2004 whereby these appellants, having been found guilty of the charges under Sections 302/201/120-13/34 of the Indian Penal Code, have been sentenced to undergo imprisonment for life under Sections 302/120-B/34 of the Indian Penal Code and have further been sentenced to undergo rigorous imprisonment for five years under Section 201 of the Indian Penal Code. However, all the sentences have been directed to run concurrently.
(3.) The case of the prosecution on the basis of fardbeyan of Shivcharan Sah is that on 13.8.2003 at about 10.00 a.m., while he was taking meal in his house, Chandmuni Devi came and told to Saraswati (deceased) to go to forest to bring woods. Thereafter, both of them went to the forest by taking Baida and rope. On the same day at about 2.30 p.m., when the informant was going to Bhairo Dhab (Bahiyar), son of Kalicharan namely, Budhan Sail informed him that his mother told him that Santhals have tied Saraswati Devi (deceased) on the bank of river and requested the informant to go there. Then the informant went to the bank of river with Budhan Sah and made hectic search but could not find any Santhal or his wife there. Thereafter, the informant returned to his home with Budhan Sah and again went to the bank of (he river along with Chandmuni, Chamaru and Dhobe and searched his wife as per the direction of Chandmuni Devi but could not find his wife. Chandmuni stated that when she and Saraswati Devi were cutting a Semal tree, then three Santhals came and obstructed them from cutting branches and pushed them due to which Chandmuni came back to her house but they caught Saraswati Devi. According to the informant, all the branches of said tree were intact. As it was evening, they returned to home. In the next morning, the informant went to the bank of the river with his son along with other villagers and searched his wife. When he reached near bridge then one Badhua told him that a corpse was caught in his net and then he pushed the dead body away. Thereafter, the informant along with his companions moved towards Sanmani Ghat in search of his wife, where he saw the corpse of his wife floating in the river. The informant and his associates took out the said corpse from water and kept it at the bank of the river. The informant saw several injuries on the dead body of his wife.;