Kailash Prasad Deo, J. - (1.) By Court:- The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both, dated 16.12.2003, passed by 12th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 53 of 1999, whereby out of seven charged accused persons, the aforesaid four appellants have been convicted, while one of the appellant, Karma Murmu, appellant no. 4 has died during pendency of the appeal and the criminal appeal preferred by appellant Karma Murmu has already been abated and as such, the present appeal is only with respect to appellant no. 1, Dinu Hembram, appellant no. 2 Bhndra Tudu and appellant no. 3 Nunu Marandi. All these appellants have been convicted for the offence committed and punishable under Section 325 of the Indian Penal Code and awarded simple imprisonment for two years and also a fine of Rs. 100/- each and in default of payment of fine, to further undergo simple imprisonment for 15 days and the period already undergone will be set off under Section 428 Cr.P.C.
(2.) The prosecution case is based upon the fardbeyan of Sanu Soren (P.W. 2) recorded by S.I. Mahendra Singh Munda, Officer-in-charge of Rajganj outpost, Dhanbad, on 12.08.1998 at 16.00 P.M. The informant has alleged that, on 09.08.1998 (Sunday), daughter of one Chhotu Hembram, aged about three years, has died because of some disease but Chhotu Hembram called a panchayati, where it has been alleged, that his daughter has been killed, because of some black magic. Subsequently, to ascertain that, who has played the black magic, the villagers went to ojha on 10.08.1998 namely Shivlal Manjhi, who disclosed, that Sanu and his wife has played black magic, due to which the daughter of Chhotu Hembram died. Thereafter a panchayati was convened and in the panchayati, it was decided that Sanu has to pay Rs. 1500/- to Chhotu, but the informant asked for time and thereafter the informant went to his sasural to arrange the money. It is alleged that, on 12.08.1998 (Wednesday), the informant's son, Binod came to the informant and disclosed, that yesterday on 11.08.1998, at around 04.00 P.M., while he along with his maternal grand-mother were in the courtyard, the co-villagers Chhotu Hembram, Jaleshwar Hembram, Punnu Tudu, Nunu Marandi came with lathi, danda in their hands and asked the mother-in-law of the informant, Tupli Devi about the whereabouts of the informant and his wife. When the mother-in-law of the informant has disclosed, that both have gone to arrange the money, thereafter all the accused persons have alleged, that this old lady has allowed the accused persons to flee away and they decided to assault Tupli Devi and thereafter Dinu Hembram, Karma Murmu and Bhandra Tudu having hot iron sickle inflicted injury upon the back of Tupli Devi, mother-in-law of the informant. Chhotu Hembram hit the chest of the old lady by flunging a big stone, kept in the courtyard, due to which the mother-in-law of the informant became seriously injured. She was taken inside the room and was put on a cot, who died on 12.08.1998 at around 08.00 A.M. The informant was informed about the said occurrence by his son Binod Soren aged about 9-10 years at the sasural of the informant, where the informant has gone for arranging the money. After hearing this, the informant along with his wife, son and brother-in-laws Nunulal Kisku and Kistu Kisku, came to his village Seraidaha and saw the dead body of the old lady having injury of hot iron sickle on back, arm, swelling on the chest and blood was oozing from the mouth. The informant has further alleged, that all eight accused persons namely Shivlal Manjhi, Chhotu Hembram, Jaleshwar Hembram, Punu Tudu, Nunu Marandi, Dinu Hembram, Karma Murmu and Bhandra Tudu have entered into the house of the informant, but the informant and his wife were not present and as such they have assaulted the mother-in-law of the informant Tupli Devi by inflicting hot iron sickle and assaulted by flunging a big stone and also by lathi-danda.
(3.) On the basis of the fardbeyan of the informant, the police registered Katras (Rajganj) P.S. Case No. 265 of 1998 dated 13.08.1998, under Sections 302, 109/34 of the Indian Penal Code consequent to G.R. No. 2822 of 1998.;