JUDGMENT :

Heard Ms. Alpana Verma, learned counsel for the appellant and Mr. P.K. Appu, learned A.P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 06.01.2007 (sentence passed on 08.01.2007) passed by Sri Rabindra Nath Tiwary, learned Additional Judicial Commissioner, (F.T.C.) Khunti in Sessions Trial No. 213/2001, arising out of Tamar P.S. Case No. 32/2000, corresponding to G.R. Case No. 210/2000, whereby and whereunder the appellant has been convicted for the offence u/s 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life along with a fine of Rs.50,000/- and in default of payment of fine he has to undergo R.I. for one year.

3. A fardbeyan was recorded of Soma Munda in which it has been stated that on 07.04.2000 he along with his father, maternal uncle and brother had gone to Doria market for purchasing articles. When the informant, his father Choriya Munda, brother Kali Munda and his maternal uncle Birsa Munda were returning to their houses all of a sudden from the bushes emerged Etwa Munda, Mangal Singh Munda (appellant) and Bol Munda who were having Farsa and they started assaulting the father and brother of the informant. The informant and his maternal uncle started raising an alarm but the accused persons committed the murder of the father and brother of the informant. It has been alleged that his maternal uncle was also assaulted with a Farsa when he tried to save the other two victims but the blow was fended off by a lathi his uncle had in his position. It has also been alleged that Mangal Singh Munda had assaulted his maternal uncle with a lathi and thereafter fled away. The reason for the occurrence is a quarrel which had taken place between Lado Munda and others in which the informant figured as a witness.

Based on the aforesaid allegations Tamar P.S. Case No. 32/2000 was instituted against Etwa Munda, Mangal Singh Munda and Bol Munda for the offences punishable u/s 302, 323/34 of the I.P.C. On conclusion of investigation charge-sheet was submitted against Mangal Singh Munda while investigation was kept pending against Etwa Munda and Bol Munda. After cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 213/2001. Charge was framed against Mangal Singh Munda (appellant) for the offence u/s 302 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as seven witnesses in support of its case.

5. P.W.1 (Sonaram Munda) has deposed that the incident in which Kali Munda @ Budhu Munda and Choria Munda had died had taken place more than a year back. He has proved his signature as well as the signature of Mathura Singh in the inquest report which have been marked as Exhibits-1 and 1/1 respectively. He has also identified his signature and that of Mathura Singh in the seizure list prepared with respect to seizure of Danda and Farsa used in the occurrence and which have been marked as Exhibits 1/2 & 1/3. respectively.

In his cross-examination, he has stated that the Police had not seized blood stains which were visible in the market.

6. P.W.2 (Mathura Singh Munda) has deposed that the incident had occurred more than a year back and Kali Munda @ Budhu Munda and Choria Munda were murdered. He has stated that he had not gone to the place of occurrence. He has proved his signature and the signature of Sona Ram Munda in the carbon copy of inquest report and which have been marked as Exhibits-1/4 and 1/5 respectively. The broken Danda and a Farsa were seized by the Police from the place of occurrence in his presence and a seizure list was prepared in which he had signed and which already stands marked as Exhibit-1/3.

In his cross-examination, he has stated that he had gone to the place of occurrence but he cannot tell the name of the persons who were present there.

7. P.W.3 (Fagu Munda) has deposed