PRASHANT KUMAR, J. - (1.) THE aforesaid four criminal appeals arose from the common impugned judgment of conviction and order of sentence, therefore, they are heard together and being disposed of by this common judgment.
(2.) THE appellants Kinu Murmu, Albin Murmu, Samuel Murmu, Ranjan Murmu and Seth Murmu challenged the judgment of conviction dated 23.12.2004 and order of sentence dated 24.12.2004 passed by 1st Additional Sessions Judge, Dumka in Sessions Case No. 84 of 2002 whereby and whereunder they have been convicted under sections 302/149 of the IPC and also under Section 148 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/ -each for the offence under Section 302/149 I.P.C., however, no sentence has been passed under Section 148 of the I.P.C. The case of the prosecution in brief as per the fardbeyan of P.W. 8, Snehlata Marandi is that on 26.10.2001 at about 6:00 a.m. in the morning her husband Parmeshwar Murmu (deceased), brother -in -law Mishil Murmu (deceased) and son Philip Murmu (deceased) were ploughing their land. It is stated that there was a litigation in between informant's husband and Ranjan Murmu with respect to same land, which was decreed in favour of informant's husband. It is then alleged that while the deceased persons were ploughing the land Ranjan Murmu, Seth Murmu, Samuel Murmu, Kinu Murmu and Albin Murmu arrived there along with others armed with sword, bows and arrows, iron rod, lathi etc. and forbid the deceased persons from ploughing the land. It is further alleged that on refusal of deceased, the aforesaid accused persons assaulted the three deceased with sword, bows and arrows, iron rod and lathi, due to that they died. It is further alleged that appellant Kinu Murmu assaulted informant with sword due to that she received injury on her head and hand. Thereafter, informant along with her daughter Karesha Murmu went to the Dumka Sadar Hospital where she received treatment. It appears that in the Hospital itself her fardbeyan was recorded.
(3.) ON the basis of aforesaid fardbeyan, police instituted Gopikandar P.S. Case No. 20 of 2001 dated 26.10.2001 under Sections 147, 148, 149, 324, 326, 307/302 of the IPC and took up investigation. After completing the investigation, police submitted charge sheet against the appellants and five others namely Guntish Murmu, Paltan Murmu, Misil Murmu, Matru Murmu and Sujan Murmu. On the basis of said charge sheet learned CJM, Dumka took cognizance of the offence and committed the case to the court of Sessions as the offence under sections 302 and 307 of the IPC are exclusively triable by the court of Sessions.;