(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 17.09.2004 passed by the 1st Addl. Sessions Judge, Pakur in Sessions Case No. 79 of 2004 whereby the appellants having been found guilty for committing murder of Shyamlal Hembrom, have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and were further sentenced to pay fine of Rs. 5000/ - and in default to undergo imprisonment for one year.
(2.) IT is the case of the prosecution that in the night of 18/19 March, 2004 at about 11.00 P.M., the appellant No. 1 Manjhi Tudu came to the house of the Dular Hembrom, the informant (P.W.7) with Patal Hembrom (P.W.2) and Karla Hembrom sons of the deceased -Shyamlal Hembrom. When the informant asked from Manjhi Tudu about whereabouts of Shyamlal Hembrom, he told her that he is not there and then left the place. Thereafter, Patal Hembrom (P.W.2) son of the deceased, disclosed to the informant (P.W.7) that his maternal Grand Father (appellant No. 1 -Manjhi Tudu) as well as maternal Uncles, appellant Nos. 2 and 3 Rameshwar Tudu and Dene Tudu have killed his father, by assaulting with Gaita and Danda, which are there in the house. On knowing this, P.W.7 along with village Pradhan -Likhan Kisku (P.W.1), Pramanik and Dharmnath Kisku (P.W.3), came to the house of the deceased -Shyamlal Hembrom where they found the dead body lying on the ground. There they also found Gaita and Lathi lying there smeared with blood. That apart mattress upon which the dead body was lying was also smeared with blood. After noticing this, P.W.1, came to the police station to inform about the occurrence to the police. On getting information, I.O. (P.W.7), along with Officer -in -Charge came to the place of occurrence where the Officer -in -Charge of Amrapara Police Station, namely, S.S. Tiwary recorded the fardbeyan (Ext. 3) of the informant (P.W.7) who gave the same story as has been narrated above and also stated about the motive of the occurrence wherein the informant stated that the deceased had gone to Haat for selling meat along with the appellant No. 2 Rameshwar Tudu. There, the deceased sold meat to someone without taking price. That annoyed Rameshwar Tudu and out of annoyance, he assaulted the deceased. When the deceased came home, he expressed his anger to his wife and told her that he will kill her as well as her brother Rameshwar Tudu.
(3.) THE I.O. after taking over the investigation of the case, seized Gaita and Lathi smeared with the blood under the seizure list (Ext. 5). Inquest report was prepared as (Ext. 4), Thereafter, the dead body was sent for post mortem examination, which was conducted by Dr. L.K. Bhagat (P.W.5). The Doctor did find the following external injuries: - -