Kailash Prasad Deo, J. - (1.) Both the aforesaid Criminals Appeals arising out of common impugned judgment of conviction and order of sentence, are being heard together and disposed of, by a common judgment.
(2.) Heard, learned counsel for the appellants, Mr. Jitendra Shankar Singh assisted by Mr. Amit Kumar Verma, Advocate appearing in both the appeals and learned counsel for the State, Mrs. Vandana Bharti, learned Additional Public Prosecutor appearing in both the appeals.
(3.) The instant Criminal appeals have been preferred against the judgment of conviction dated 29.08.1996 and order of sentence dated 31.08.1996, passed by learned 2nd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 232 of 1991, whereby these two accused persons namely, Suresh Mahto and Gena @ Ganesh Mahto have been convicted for the offence committed and punishable under Section 302 read with section 34 of the Indian Penal Code and sentenced to undergo imprisonment of life. By the same impugned judgment learned trial court has acquitted other co-accused facing trial namely, 1. Loki Mahto, 2. Parameshwar @ Rameshwar Mahto 3. Kailash Mahto, 4. Mahabir Mahto 5. Sheetal Mahto and 6. Kamdeo Mahto from the charge under section 396 of the Indian Penal Code. 3. The prosecution case, is based upon fardbeyan of the informant, Dhaneshwar Yadav (P.W.11), recorded by Sub-Inspector, Arjun Ram (P.W.13), Officer-In-Charge of Katkamsandi Police Station on 21.02.1991 at 07.30 A.M. at Katkamsandi, whereby the informant has stated that in the night of 20.02.1991 after taking dinner, they have closed the door and were sleeping, at around 9.00P.M someone asked informant, Dhaneshwar Yadav to open the door as friend has come. The informant under fear did not reply to the same nor anybody gave any reply from inside the house. The informant has stated that his brother, Bisun Yadav, who was sleeping with his wife in another room, enquired, as who is there and thereafter, the informant heard hurling sound followed by another sound of bomb within two minutes. Thereafter, all the inmates of the house after raising brawl tried to came out of the house, but they could not come out of the house, as door was closed from outside. The informant has further stated that co-villager has opened the door and thereafter, informant along with other co-villagers went to the room of his brother, Bisun Yadav and saw the deadbody of Bisun Yadav and the informant's sister-in-law, Chando Devi was lying in an injured condition having injury on the left leg and was in pool of blood. The informant has further stated that sister-in-law has disclosed before him that after hearing voice, her husband inquired about the persons and saw two persons in the light of torch and identified them as Suresh Mahto and Gena @ Ganesh Mahto from portion of the house open in the north side and thereafter, the accused have thrown bomb from that open side causing death of the husband and injuries to the victim. The informant has further stated that the accused persons have also taken a white colour goat, weighing 5 K.G. from the verandah of the informant. The informant has further stated that she could only identify two accused persons and could not see the other accused persons. After 1-2 hours, injured, sister-in-law of the informant has also died. The informant has alleged that a year ago, there was some dispute between his brother and Suresh Mahto, Gena @ Ganesh Mahto, Luki Mahto, Kailash Mahto and others for picking/ collecting 'Mahua' and for this altercation, the accused persons have given threatening and have committed the crime. The informant has alleged that sister-in-law, Chando Devi has identified Suresh Mahto and Gena @ Ganesh Mahto and the same has been disclosed to him as well as to co-villagers. The informant has further stated that he could not say that how many accused persons were there, but accused persons have taken Khassi (castrated he-goat) worth Rs. 300/- from the varandah of the accused and it appears from sound that accused persons were 5-7 in number. The informant has claimed that accused, Suresh Mahto and Gena @ Ganesh Mahto and others because of enmity, killed his brother and sister-in-law of the informant by exploding bomb and have also taken Khassi (castrated he-goat).;