Deepak Roshan, J. - (1.) This appeal is directed against the judgment of conviction dated 17.06.1995 and order of sentence dated 20.06.1995 passed by the learned Additional Judicial Commissioner, Khunti in S.T. No.680 of 1992/ T.R. No.285 of 1993, whereby the appellants have been convicted for the offences under section 394, 302/ 34 and 411 I.P.C. and sentenced to undergo R.I for life and to pay a fine of Rs.3,000/- for the offence under section 302/34 I.P.C and in default of payment of the aforesaid fine to undergo R.I for one year and further sentenced to undergo R.I for five years for the offence under section 394 I.P.C and also to undergo for R.I for 3 years for the offence under section 411 I.P.C; the above sentences are directed to run concurrently.
(2.) Vide order dated 20.09.1995, both the appellants namely, Anand Kansbanik and Vijay Kumar Munda @ Vinay Kumar Munda were granted bail.
(3.) On the basis of the ferdbeyan dated 03.03.1990 by Shatrudhan Munda recorded at 10:35 p.m; a First Information Report was lodged. It is stated that the informant was a machine operator of a Paddy and Flour Mill belonging to one Nand Lal Sahu at village Salgadih and in front of Mill there is office of Nawadiha Lamps in which the Manager of the Lamps namely, Amar Dayal Singh (deceased) used to reside alone. In the evening of 02.03.1990, the informant after closing the Mill went home and the aforesaid Manager closed the machine room from inside. On the following morning, that is, on 03.03.1990 at about 7.30 a.m. the informant came to the Mill (Atta Chakki) and found the main and back doors open. He thought that the Manager has gone to ease himself but when the Manager did not return after a considerable delay, the informant grew suspicion and ultimately he called the sales-man of the said Lamps namely, Padan Lochan Sahu and both of them went inside. They found the dead body of the Manager lying inside the room, his neck cut by sharp cutting weapon by some unknown person. The informant has stated in his ferdbeyan that the Indo-suzuki Motorcycle belonging to the Manager was also found missing, the almirah and boxes were opened and bunch of the keys was found on the cot. The informant has further alleged that some unknown criminals has taken away the motor-cycle of the Manager after committing his murder.;