ORDER :

1. Four persons, namely, Sidiu Kunkul, Ravi Gope, Sikandar Sirka and Bosen Kunkal have been named by the informant as the assailants of her husband, namely, Dee Singh Kunkal. On the basis of her fardbeyan which was recorded in the midnight, at about 00:30 hrs. on 12.1.2010, Manjhari (Tantnagar) P.S. Case No. 02 of 2010 has been lodged against them under sections 341, 342 and 302 r/w section 34 of the Indian Penal Code.

2. In S.T. Case No. 104 of 2010, the appellants have faced the trial on the charge under section 302/34 of the Indian Penal Code for committing murder of Dee Singh Kunkal. They have been convicted and sentenced to R.I. for life and fine of Rs. 10,000/- each for the said offence.

3. The prosecution has projected PW-2 who is wife of Dee Singh Kunkal and PW-3 who is his elder brother as eye witnesses. PW-1, PW-4 and PW-6 who are the co-villagers have been declared hostile at the instance of the prosecution.

4. In her fardbeyan, the informant has stated that it was Barobonji festival on 11.1.2010. Barobonji puja is celebrated by the villagers together and on 11.1.2010 it was performed at Moribasa. On that day Sidiu Konkal had invited her husband for food. Her husband