Kailash Prasad Deo, J. - (1.)Both the criminal appeals are arising out of common impugned judgment of conviction and order of sentence both dated 15.07.2009, passed by learned Additional Sessions Judge, Fast Track Court-V, Chaibasa in Sessions Trial No. 27/2006 whereby the appellants Jeno Tanti @ Roje Tanti @ Mangala and Doba Hembrom @ Hura have been held guilty for the offence committed and punishable under section 302/34 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 2000/- and in default, to undergo further imprisonment for 90 days, but acquitted Budhan Singh Sardar from the charge under section 302/34 I.P.C.
(2.)Prosecution case is based upon the fardbeyan of Narayan Pandeya (PW-6) recorded by the Sub Inspector of Police, Harendra Prasad Choudhary (PW-9), Officer-in-Charge, Toklo Police Station on 01.07.2005 at 12.45 Hrs. at village Ramaisai near the dead body. The informant has stated that yesterday i.e. on 30.06.2005 after taking meal, he was sleeping in his house. At around 11.00 P.M in the night, the mother of Lalo Lohar namely, Dukhni Lohar, wife of Parma Lohar, resident of Ramaidih came to the house of the informant and called the informant and disclosed that somebody has assaulted his brother-in-law Kunjo Hembrom, upon which, the informant (PW-6) along with his wife Raimuni Kui (PW-7) went running and saw his brother-in-law Kunjo Hembrom was lying on the ground, under Imli tree in front of the house of Parma Lohar, in pool of blood in injured condition. Informant has further stated that he woke up other villagers namely, Madhusudan Mahli, son of late Gandhi Mahali, Sudarshan Mahali (PW-1), son of late Suren Mahali, Chandra Mahali (PW-4), son of Suren Mahali, Budh Ram Mahali (PW-5), son of late Chhoto Mahali, Soma Gagrai (PW-2), son of Davsar Gagrai. They came and saw the brother-in-law of the informant Kunjo Hembrom in injured condition. Informant has further stated that at that time, it was 11.30 in the night and his brother-in-law was in conscious condition and was able to speak. The informant has further stated that in presence of the aforesaid villagers, on query the injured disclosed that he has been assaulted by Jeno Tanti, son of late Lakhiram Tangi and Doba Hembrom, son of Jabra Hembrom, both residents of Jagdasai, P.S. Toklo, District West Singhbhum. This disclosure was made by the injured before many villagers. Thereafter, the injured was given water and 1-2 spoon of rice. The informant has stated that his brother-in-law was not brought for treatment because of lack of conveyance / vehicles. Injured was lying on a cot under a Imli tree and the entire family members were there. At around 2.30 A.M in the night, his brother-in-law, Kunjo Hembrom succumbed to the injury. Thereafter, his hands and legs became cold. Thereafter, information was also given to the house of Kunjo Hembrom. The informant has alleged that because of purchasing of wood, Rupees 100 was given by Kunjo Hembrom to Doba Hembrom but after several days, neither wood nor money was returned by Doba Hembrom, an altercation took place leading to enmity between them. As such, Doba Hembrom along with his friend Jeno Tanti have jointly assaulted his brother-in-law Kunjo Hembrom, due to which, he died. The informant has claimed that because of old enmity, Jeno Tanti, son of Lakhiram Tanti and Doba Hembrom, son of Jabra Hembrom, both resident of Jagdasai P.S. Toklo, District West Singhbhum assaulted his brother-in-law by means of sharp weapon and iron rod, causing grievous injury, due to which, he died.
(3.)On the basis of the fardbeyan of the Informant, Police has registered Chakradharpur (Toklo) P.S. case No. 86/2005 dated 01.07.2005 under Section 302/34 of the Indian Penal Code against the two named accused persons namely Jeno Tanti and Doba Hembrom.