- (1.) This appeal is directed against the judgment of conviction and order of sentence, both dated 27th August,2007, passed in Sessions Trial no.87 of 2000 by learned Presiding Officer, F.T.C.-III, Gumla, whereby the appellants herein have been convicted for the offence punishable under Sections 148 and 302 of Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life under section 302 of the Indian Penal Code.
(2.) The prosecution case, as has been projected on the basis of fardbeyan of informant-Yugal Singh (P.W.5) given on 26.05.1999 is that, on 25.05.1999 i.e. the alleged date of occurrence altogether 11 accused persons including these appellants armed with deadly weapons entered into the house of deceased and assaulted him, besides this, two other family members of the informant, namely, Bablu Singh and Pankaj Singh have also been assaulted by the accused persons and both of them were confined by them in the room of one school of that village. It has further been stated that subsequently when the matter was reported to police, both the boys were released from the school. It has been further stated that on the next day i.e. on 26.05.1999, the informant came to know from his daughter, namely, Anita Kumari that when the accused persons were beating them, out of fear, she climbed up on a tree located near the house in order to escape from assault, wherefrom she could watch all the accused persons named in the F.I.R. assaulting her uncle-Charku Singh(deceased) and out of severe assault, deceased sustained injury and thereafter, they carried the deceased in the night, which was later on found near 'Bargad' tree of the village.
(3.) On the basis of the fardbeyan of the informant, an F.I.R. being Sisai (Bharno) P.S. Case no.51 of 1999 was lodged, corresponding to G.R. no.314 of 1999, under sections 143, 148, 149 and 302 of the Indian Penal Code. After investigation, the police submitted charge sheet against the accused persons including the present appellants, whereupon the court after taking cognizance committed the case to the court of Sessions and the matter was numbered as S.T. no.87 of 2000.;