- (1.) All the four appellants were put on trial along with others namely, Asha Bobonga and Tuni Mai Bobonga to face charges under section 302/34 of the Indian Penal Code for committing murder of one Budh Ram Bobonga in furtherance of their common intention. The trial court while acquitting two persons, namely, Asha Bobonga and Tuni Mai Bobonga found these four appellants guilty for the offences and hence, sentenced them to undergo imprisonment for life.
(2.) The case of the prosecution is that on 28.4.1998 Budh Ram Bobonga (deceased) at about 5 A.M. left home to see Manki, of his village Niranjan Bobonga (P.W.1) to let him know that a case has been decreed in his favour so that he may make it known to all the villagers. After visiting the house of P.W.1, when he was returning home and reached near his house at about 7 A.M, he was accosted by one of the accused, namely, Roya Bobonga (since died) by holding knife in his hand and as such, Budh Ram Bobonga called his daughter Meena Kumari (P.W.5) to come out, upon which she came out of the house and saw appellant Rabi Bobonga rushing towards his father by taking bow and arrow as well as iron rod. At the same time, Bibhisan Bobonga came rushing by taking farsa in his hand. All the three persons by dragging Budh Ram Bobonga brought him to a field. At the same time, other appellants Nandlal Bobonga by taking knife and Shambhu Charan Bobonga as also Asha Bobonga and Tuni Mai Bobonga reached over there and all of them started assaulting Bodh Ram Bobonga. Meanwhile, the appellant Shambhu Charan Bobonga by taking farsa from Bibhisan Bobonga gave blow on the neck of the deceased. Thereafter Bibhisan Bobonga took farsa from Shambhu Charan Bobonga and gave three blows on the head and neck of the deceased. Ravi Bobonga assaulted the deceased with iron rod whereas other appellants, namely, Asha Bobonga, Tuni Mai Bobonga and Roya Bobonga assaulted the deceased with fists and slaps and also with stone, as a result of which the deceased died and thereafter Bibhisan Bobonga declared that by committing murder of Budh Ram Bobonga he has kept his promise. Thereafter the appellants fled away.
(3.) Further case is that while the deceased was being assaulted by the accused persons, Shanti Purti, (P.W.4) wife of the deceased came at that moment from the field and saw the occurrence and then out of fear, she came to the house of Niranjan Bobonga (P.W.1) to inform him about the occurrence. Later on Meena Kumari (P.W.5) daughter of the deceased also came to the house of Niranjan Bobonga (P.W.1) and told him about the occurrence, who then came to the Noamundi Police Station and informed that a murder has taken place in village Regarbera. Upon which an entry was made in the station diary and the Officer -in -Charge of Noamundi Police Station came to the place of occurrence at 11 A.M. and recorded the Fardbeyan (Ext.2) of Meena Kumari (P.W.5), who stated about the occurrence, as has been stated above and also stated that his father was done to death on account of land dispute going on since long but the case had been decreed in favour of her father. The Officer -in -Charge Md. Asgar Hussain (P.W.6) took up the investigation and held inquest on the dead body of the deceased and prepared inquest report (Ext.4). The Investigating Officer when found blood at the place of occurrence, he seized earth smeared with blood under seizure list (Ext.6) . Further on the confession made by accused Bibhisan Bobonga, farsa as well as iron rod was recovered from the house of Bibhisan Bobonga which was seized under a seizure list Ext.8. Thereafter the dead body was sent for post mortem examination, which was conducted by Dr. Ranvir Singh (P.W.7) and found the following injuries: (i) A sharp cut wound on the left side of neck starting from back of neck obliquely to upwards and forwards to the lateral aspect of left cheek 8  x 2  x 2 - 1/2 " cervical vertibra and cervical portion of the spinal code were cut. There was fracture of left temporal bone. (ii) A sharp cut wound on left arm just below the left elbow joint on posterior aspect 4  x 1 - 1/2 " x 1 - 1/2 ". (iii) A sharp cut wound on the medial aspect of right leg below the knee joint 1/2  x 1/2  x 1  (iv) A sharp cut wound on the posterior aspect of right side of neck 1/2 " x 1/2 " x 1  (v) A sharp cut wound on the right shoulder joint 1  x 1/2 " x 1/2 " . Accordingly, Doctor issued post mortem examination report (Ext.5) opining therein that the deceased died on account of shock and haemorrhage due to above injuries caused by sharp cut weapon such as farsa. After completion of investigation, when police submitted charge sheet against these appellants as well as Asha Bobonga and Tuni Mai Bobonga, who were acquitted by the trial court and also against Roya Bobonga (since died in course of trial), 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. In course of trial, the prosecution in order to prove charges examined seven witnesses. Of them, Niranjan Bobonga (P.W.1) of Manki village testified that on getting information about the occurrence from the wife and daughter of the deceased, he came to the place of occurrence and then informed to the police station. Meena Kumari, daughter of the deceased and Shanti Purti, wife of the deceased claimed themselves to be the eye witnesses have been examined as P.Ws. 4 and 5. After closure of the case of the prosecution, the appellants were questioned under section 313 of the Code of Criminal Procedure about the incriminating circumstances appearing against them to which they denied. The trial court having placed implicit reliance on the testimonies of both the eye witnesses did find these appellants guilty and as such were convicted and sentenced as aforesaid. However at the same time two persons named above were acquitted on giving benefit of doubt. Being aggrieved with the judgment of conviction and order of sentence the appellants have preferred this appeal. Learned counsel appearing for the appellants submits that all the appellants, though related to the deceased have been falsely implicated in this case on account of family feud,and that testimony of P.W.5, regarding the manner in which occurrence took place does not find corroboration from the medical evidence and as such, her evidence does not inspire confidence to be believed, still her evidence was considered to be worth reliable and as such, the trial court erred in recording the order of conviction and sentence against the appellants. It was further submitted that though Rabi Bobonga, appellant no.3 has been alleged to have assaulted the deceased with iron rod but no such corresponding injury has been found by the Doctor and, therefore, it can easily be assumed that he never assaulted the deceased and, therefore, Ravi Bobonga and Nandlal Bobonga, who have not been alleged specifically to have assaulted the deceased cannot be said to have been sharing the common intention and in that view of the matter, they are entitled to be acquitted. As against that, learned counsel appearing for the State submits that regard being had to the testimonies of the eye witnesses, the trial court has rightly convicted all the appellants including Ravi Bobonga and Nandlal Bobonga, who, in the facts and circumstances, can easily be said to have shared the common intention. ;