(1.) This appeal has been preferred by the appellants against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Sahibganj in Sessions Case No.92 of 2002. These appellants have been convicted and sentenced on 27.2.2004 to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof.
(2.) The case of the prosecution is that P.W. 6 grandson of the deceased, has given fardbeyan on 23.12.2000 at Barhait Police Station, District Sahibganj at about 4.00 P.M. i.e. on the same day when he had gone to his Khalihan to thrash the paddy crop and his other relatives were also thrashing the crop of paddy at their Khalihan and his old grandmother was alone at the house when he had gone to his house, he saw that these appellants were coming out with a blood stained dagger in their hand and when he entered into the house he saw his old grandmother was dead and blood was coming out from her neck, he immediately, went to call his step father Jisu Murmu at the village Chutia, he came along with his step father by 10 A.M. It is further stated in the fardbeyan that before 15 days, the son of the accused No.1 Natu Hembrom died due to illness and on previous night, daughter of the accused No.1 had also died during the medical treatment and the accused persons started saying that the old grandmother of informant P.W. 6 is a dian witch and she has eaten away the son and the daughter of the accused No.1 Natu Hembrom and therefore, they had murdered his old grandmother Chundi Hansda. Upon recording of his fardbeyan, F.I.R. was lodged, investigation was carried out, statement of the witnesses were recorded, inquest and panchnama was drawn, blood stained earth was seized from the place of occurrence and the dead body of the deceased was sent for postmortem before P.W.2 Dr. Basant Kumar Saha.
(3.) It is submitted by the counsel for the appellants that there are major omission, contradiction and improvement in the deposition of the prosecution witnesses, which have not been properly appreciated by the learned Trial Court and hence, the judgment and order of conviction and sentence passed by the learned Sessions Judge, Sahibganj deserves to be quashed and set aside.