- (1.) ALL the five appellants were put on trial to face charge under Section 302/34 and 201/34 of the Indian Penal Code for committing murder of Bandia @ Damu Jamuda in furtherance of their common intention and for causing disappearance of the evidence of murder in order to screen themselves for legal punishment. The trial court finding the appellant no.5 Pandu Jamuda guilty for the offence under section 302 of the Indian Penal Code and other appellants for the offence under section 302/34 of the Indian Penal Code sentenced them to undergo imprisonment for life. Further all of them on being found guilty for the offence under section 201 of the Indian Penal Code were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2000/ - and in default to undergo rigorous imprisonment for two years. Both the sentences were ordered to be run concurrently.
(2.) THE case ofthe prosecution is that while the informant Durga Jamuda (P.W.2) was sitting outside of his house on 27.8.1995 and his younger brother Bandia @ Damu Jamuda was in the house, all the appellants armed with Lathi and Pistol came over there and made complaint as to why they do not provide chicken etc. at the time of worship which is performed in the village. By saying so, they came before Bandia @ Damu Jamuda and started State Of Jharkhand Through Director General Of Police Versus Thakur Ajit Kumar assaulting with Danda. Meanwhile, the appellant no.5 Pandu Jamuda brought a Tangi which had been kept inside the house and inflicted injury by it, as a result of which, his brother Bandia @ Jamu Jamuda died at the spot. Thereafter Durga Jamuda (P.W.2) being frightened with the scene of occurrence fled away and came before Village Munda, namely, Maka Jamuda (P.W.1) at village Goalkera and told about the occurrence to him. The next day, i.e, on 28.8.1995 the informant Durga Jamuda (P.W.2) and also Maka Jamuda (P.W.1) came to Chakradharpur Police Station and informed to the police about the occurrence. Thereupon one Ramjee Singh, Sub -Inspector of Chakradharpur Police Station came to village Goalkera at about 12 noon and recorded the Fardbeyan (Ext.3), upon which a formal first information report (Ext.4) was drawn. The said Ramjee Singh on taking up the investigation of the case, inspected the place of occurrence and then came on the bank of river from where he recovered a dead body which had been buried under the sand. On holding inquest on the dead body, inquest report (Ext.5) was prepared. Thereafter dead body was sent for post mortem examination which was conducted by Dr. M.P.Singh (not examined) who, as per the post mortem report (Ext.2), proved by another Doctor, namely, Dr.B Deyal (P.W.6) found the dead body highly decomposed. However, one incised injury on the right side of neck was noted. The cause of death, according to Doctor, was due to shock and haemorrhage on account of injury found on the person of the deceased which had been caused by heavy sharp cutting weapon.
(3.) AFTER completion of the investigation, police submitted charge sheet against the appellants whereupon cognizance of the offence was taken and in due course, when the case was committed to the court of sessions, charges were framed to which the appellants pleaded not guilty and claimed to be tried.;