JUDGMENT :

Heard Learned Counsel for the appellants Mr. Jitendra S. Singh and Mr. A.S. Dayal and learned Additional Public Prosecutor Ms. Laxmi Murmu representing the State,.

2. The present two appellants are the one who faced trial for the charge under Section 302/34 of the I.P.C. in Sessions Trial No.151/1994 before the learned court of 1st Additional District and Sessions Judge, Hazaribag arising out of Barkagaon P.S. Case No.77/1992 registered on 30th June 1993 under Section 324/307/34 of the I.P.C. to which Section 302 of the I.P.C. was added on 20th July 1993 against both the named accused/appellants herein after the death of the victim Rameshwar Sao, who was the father of the informant Damodar Sao. Learned trial court convicted both of them for the charges under Section 302/34 of the I.P.C. by the judgment dated 23rd April 1997 and sentenced them to undergo rigorous imprisonment for life vide order dated 26th April 1997 which are impugned herein.

3. The First Information Report was recorded on the written report of Damodar Sao informant (P.W.5) dated 30th June 1993 narrating the occurrence in the following manner :-

4. As per the informant on 29th June 1993 after having meal informant and his family had gone to sleep. His father was sleeping in the courtyard when at 1 A.M. his mother heard a sound of the metallic door and got up to find two persons namely Gultan @ Ghanshyam Yadav son of Dasai Gope with a knife in his hand and the other Kauleshwar Sao son of Rudan Sao standing beside him at the door both of village Churchu, P.S. Barkagaon. Her mother raised a brawl on which these two persons fled away towards the field and when she saw her husband, he was lying drenched in blood on a cot in an unconscious state. On her brawl informant got up and came to the courtyard and saw his father lying unconscious on the cot drenched in blood. Thereafter other villagers assembled. Reason for the occurrence as explained by him is an incidence which took place during the day on 29th June 1993 itself when the cattle of the two accused persons were ushered in the field of the informant’s father and on being objected they had told informant’s mother that they would see what happens in the night. On these allegations informant alleged that these two persons have assaulted his father on the chest; neck and arm with knife and seriously injured him with an intention to kill. Law was set into motion by a Police Personnel of a rank of Assistant Sub Inspector of Police namely Vijay Singh Banra (P.W.11) as according to him Officer In-charge was not present nor anyone was authorized to conduct the investigation. The written report was adduced as Ext.1 by P.W.5 Damodar Sao.

It transpires that another prosecution report in the form of Fardbeyn of the same persons Damodar Sao was recorded at 21 hours on 1st July 1993 by Shri R.N. Prasad of Sadar P.S., Hazaribag at Sadar Hospital after the death of his father. In this prosecution report, informant inter alia alleged that the incidence had occurred on the previous night in the courtyard of his house when these two accused persons had assaulted his father with knife at several places and rendered him injured who died during treatment at Sadar Hospital at around 7.30 P.M. This document was also adduced by the prosecution, proved and marked as Ext.7 by P.W.10 Arjun Ram, Officer In-charge who took over investigation from 20th July 1993. It further appears that on 24th July 1993 Police got the statement of three witnesses recorded under Section 164 Cr.P.C. namely Laliya Devi (P.W.3) widow of the deceased i.e. Rameshwar Sao, Dhuma Sao brother of Laliya Devi and brother-in-law of deceased Rameshwar Sao and Gurudayal Sao (P.W.1) brother of the deceased who was a neighbour. It further appears that during investigation which was initially done by the Assistant Sub-Inspector Vijay Singh Banra (P.W.11) and thereafter taken over by P.W.10 Arjun Ram, statement of only two witnesses were recorded namely Suresh and Juman