- (1.) Heard learned Counsel for the appellant, Mr. A.K. Sahani assisted by learned counsel, Mr. Pankaj Verma and Mr. Vikash Kishore, learned Additional Public Prosecutor representing the State.
(2.) Three accused persons were charged under Section 302/34 of the Indian Penal Code for intentionally and knowingly causing death of Kewla Sahu alias Kedar Sahu and also for disappearance of evidence under Section 201/34 of the Indian Penal Code in Sessions Trial No.6 of 1995, before the learned Additional Sessions Judge, Gumla, out of whom accused Chakraborty Sahu alias Chakraborty Nath Sahu and Raj Kishore Nath Sahu were convicted for the charges by the impugned judgment dated 19.09.1996 while accused Raman Sahu was acquitted of the charge. Both the convicts were directed to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for seven years under Section 201/34 of the Indian Penal Code; both the sentences to run concurrently. During pendency of this appeal, appellant Raj Kishore Nath Sahu has died and his appeal stands abated by the order of the instant date. Before us is the surviving appellant Chakraborty Sahu alias Chakraborty Nath Sahu, who has questioned the impugned conviction and order of sentence.
(3.) The initial story of the occurrence, as narrated by the informant, Balbhadra Sahu alias Mahindra Sahu (P.W.15), Son of Sri Budhram Sahu, through his fardbeyan recorded by Sub-Inspector, Rajendra Kumar Das at 10:00 A.M. on 21.03.1994 at Khora Chiramba Tanr disclosed the following allegations: The informant asserted that on the previous Sunday 20.03.1994 at about 02:00 P.M. in the afternoon, his younger brother Kewla Sahu alias Kedar Sahu had gone for selling ready-made garments in the local weekly market at Langi. He did not return in the night. Informant thought that he had stayed back. Today i.e. 21.03.1994, the informant alongwith his father, Budhram Sahu went to search his younger brother Kewla Sahu alias Kedar Sahu and reached a point near the Gumla-Sisai Road at 06:00 A.M. where they saw the dead-body of his brother with large injuries by sharp cutting weapon on his neck. In the meantime, few people assembled there and during search at a distance of 200 yards towards North and on the East side in the bush the bicycle and a bag (jhola) of his brother and at a distance of one kilometer on the North was found the ready-made cloths and other articles half burnt. His brother had left Langi bazar at 06:00 P.M. The informant alleged that his brother has been waylaid and assaulted with a sharp-cutting weapon which caused his death and the ready-made cloths have been taken to a distance and burnt. Informant suspected that Ram Kishore Nath Sahu son of late Budhiya Sahu, Chakrawarti Sahu @ Bartu Sahu, Son of Ram Kishore Nath Sahu, both of P.S. and District Gumla and Raman Sahu, Son of unknown of village Kumba Toli, P.S. Ghagra, District- Gumla have waylaid his younger brother and killed him by sharp cutting weapon since about 4 years there was a dispute relating to gairmazarua land going on in the Gumla Court. The informant asserted that few days back, Ram Kishore Nath Sahu has threatened the informant and his brother to kill them.;