JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. In Sessions Trial No. 09 of 2009, Arjun Soren and Raghunath Soren @ Sukra Munda were convicted and sentenced to R.I for life and a fine of Rs. 5,000/- under section 302/149 of the Indian Penal Code with a default stipulation to undergo S.I. for three months. They were further convicted and sentenced to R.I. for three months under section 17 of CLA Act. Both the sentences were ordered to run concurrently.

2. Gurabanda P.S. Case No. 19 of 2008 was lodged on the basis of the fardbeyan of Dularam Murmu which was recorded early morning, about 06:10 AM on 24.05.2008 at his house in village Muchrisole. About 19 persons including Arjun Soren and Raghunath Soren along with 40-45 unknown criminals came in the midnight of 23.05.2008 to the house of the informant and captured Soken Murmu, his brother. The informant has stated that 5 criminals including one woman member entered the house and dragged him and his brother out. He has identified Kanhu Munda, Puttu Munda, Shankar Munda, Sukra Munda, Boda Munda, Kana Munda, Akash, Kamal, Shalu, Arjun Hembram, Karan Hansda, Mohan and Sabita, some dressed in fatigues, along with 40-50 persons outside his house. They