(1.) In Boarijore (Lalmatiya) PS Case No. 26 of 2008, Sufal Hembram, Chota Dugo Hembram, Bara Dugo Hembram, Dubbo Hembrom, Kadbo Soren @ Chajja Soren and Som Soren were made accused on an allegation that in furtherance of common intention they have committed murder of Bajal Murmu. The wife of Bajal Murmu gave her fardbeyan at 19:00 hrs. on 29.02.2008 at village Babupur before N.K. Sah, SI of Lalmatiya police station. In his fardbeyan, Talamai Marandi stated that she had accompanied her husband to Hatia and while returning when they reached west of Dorma Chowk at about 05:00 PM, she saw that the accused were standing near the bicycle shop of Pradeep Pandit. When they reached near the bicycle shop, Chota Dugo Hembram caught hold of her husband and they started assaulting him. According to the informant, Chota Dugo Hembram attacked her husband with knife and when he fell on the ground Sufal Hembram threw a big stone on the head of her husband her husband breathed his last on the spot. She has further alleged that when Hanju Murmu tried to intervene to save her husband, Chota Dugo Hembram chased him threatening with knife. About the reason for the murder of her husband, she has stated that two months back the accused with an intention to kill her husband had come to her house but when found that her husband was not there, they took away her goat. A First Information Report was lodged against the above named six accused under section 302/34 of the Indian Penal Code and on completion of the investigation a charge-sheet was filed against five of them, except Som Soren. The learned Chief Judicial Magistrate, Godda took cognizance of the offence vide order dated 28.06.2008 and a charge was framed against five persons, namely, Sufal Hembram, Chota Dugo Hembram, Bara Dugo Hembram, Dubbo Hembrom and Kadbo Soren @ Chajja Soren under section 302/34 of the Indian Penal Code vide order dated 20.11.2008.
(2.) The records of Cr. Appeal (DB) No. 447 of 2011 which were tagged along with these appeals would reveal that a separate charge under section 302/34 of the Indian Penal Code was framed against Som Soren on 17.11.2008 and he has faced the trial in Sessions Case No. 238 of 2008 he has been convicted and sentenced to RI for life and a fine of Rs. 2000/- under section 302 of the Indian Penal Code. The judgments in both the sessions cases are written by the same learned Sessions Judge and we do not find any reason why the trial with respect to Som Soren was conducted simultaneously but separately in the same Court. In course of hearing, we were also apprised that Dubbo Hembrom and Kadbo Soren @ Chajja Soren who were facing trial along with these appellants in SC No. 172 of 2008 had jumped the bail at the stage when their statement under section 313 of the Code of Criminal Procedure was to be recorded by the Court and, accordingly, their case records were separated awaiting for their appearance. In Sessions Trial No. 172A of 2008, they have been convicted and sentenced to RI for life with a fine of Rs.2000/- under section 302/34 of the Indian Penal Code. We have seen the order dated 31.07.2018 passed in Cr. Appeal (DB) No. 537 of 2018 with Cr. Appeal (DB) No. 547 of 2018 by which Dubbo Hembrom and Kadbo Soren @ Chajja Soren were granted bail by a co-ordinate Bench of this Court. We find that in the order dated 31.07.2018 there is no reference of these criminal appeals and reason for that appears to be a mistake on the part of the Registry. The learned counsel appearing in Cr. Appeal (DB) No. 537 of 2018 with Cr. Appeal (DB) No. 547 of 2018 is not ready with the matter and we have already heard these three criminal appeals in substantial parts. Therefore, we are not inclined to adjourn these matters and would proceed to dispose of Cr. Appeal (DB) No. 481 of 2011, Cr. Appeal (DB) No. 446 of 2011 and Cr. Appeal (DB) No. 482 of 2011- the appellants in other appeals were convicted by separate judgments.
(3.) In the trial, the prosecution has examined thirteen witnesses out of whom, the prosecution has projected PW1- Hanju Murmu who is nephew of Bajal Murmu, PW3-Barnvas Marandi, PW4-Talamai Marandi who is wife of the deceased, PW7-Maradhan Marandi, PW8-Naika Murmu, and; PW10- Baran Murmu, as the eye-witnesses. PW9, Dr. Pradeep Kumar Sinha who conducted the postmortem examination on 01.03.2008 has found one bruise and four sharp cut injuries around the neck and occipital region of Bajal Murmu.