JUDGMENT :

Sujit Narayan Prasad, J.

Since both the appeals arise out of the common prosecution case, as such they are listed together and are being disposed of by this common order.

Criminal Appeal (DB) No. 33 of 1994 (R)

2. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction dated 7th February, 1994 and order of sentence dated 8th February, 1994 passed by learned 3rd Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 440 of 1990, by which the appellants were found guilty of the offence punishable under Sections 302/34 and 201 of the Penal Code, 1860 and were convicted for the offence punishable under Sections 302/34 and 201 of the Penal Code, 1860 and sentenced to undergo life imprisonment for the offence punishable under Section 302/34 of the Penal Code, 1860 and R.I. of seven years for the offence punishable under Section 201 of the Penal Code, 1860. Both the sentences were directed to be run concurrently.

3. As per fardbeyan of the informant, the prosecution case in brief, is that:

In the night of 09.05.1988 (Monday) the informant-Tito Orain (P.W. 1) was talking with her husband-Sahdeo Pahan (deceased) in her Dhaba (a portion of the house) of their house and due to summer, the door of the house was kept open. A Dhibari (a small kerosene lamp) was lit inside the house. At about 11.00 P.M. villagers - Birsa Oraon, Bishu Oraon, Guddu Oraon, Bishu Lakra, Hallu Oraon, Somra Oraon, Bhola Oraon, Bigja Oraon and Ganga Oraon along with 5 to 6 other persons came there and entered to their Dhaba. The informant identified them in the light of Dhibari litting in Dhaba. The aforesaid persons after entering their house caught hold of hands of her husband and pressing his neck dragged him out of the Dhaba. She followed the accused persons and found that Bishu Oraon, Birsa Oraon and Chandan Bishu lifted her husband to back of the house of Hallu Oraon and murdered him there; and both brothers-Guddu Oraon and Bishu Oraon pushed the informant in her house and confined her in the house by shutting the door from outside by means of bolt.

It has further been stated by the informant that reason for murder of her husband is a long standing land dispute regarding Pahnai land between her husband and the accused persons and because of which the accused persons murdered her husband. She has further stated that she raised alarm but none turned up for her rescue as villagers had gone to Silgai Manda Mela. In the morning at about 5.00 A.M. when her Gotani (sister-in-law), namely, Batia Orain (P.W.2) opened the door then she narrated the incidence occurred in the night to her Gotani-Batia Orain. Thereafter, she along with her Gotani-Batia Orain, Devar (Brother-in-law) Domba Oraon, Baharat Oraon etc. started searching her husband and found that accused persons after murdering her husband concealed the dead body in Bhawani Tand Paien. The informant has further stated that other villagers have also seen the occurrence who will tell about the occurrence and she has come to inform the police. The informant has further stated that at present the dead body of her husband is lying in that place.

4. On the basis of fardbeyan of informant-Tito Orain (P.W. 1), recorded by Officer-Charge of Chanho Police Station, a formal F.I.R. being Chanho P.S. Case No. 30 of 1988 was registered against the accused persons under Sections 302/201/34 of the Penal Code, 1860.

5. After investigation, the police submitted the charge-sheet under Sections 302/201/34 of the Penal Code, 1860 against six accused persons [appellants in Cr. Appeal D.B. No. 33 of 1994(R)] while two other accused persons namely, Birsa Oraon (appellant in Cr. Appeal No. 406 of 2016] and Bishu Oraon were declared absconder.

6. Accordingly cognizance of the offence was taken by learned C.J.M., Ranchi and case of six accused persons [appellants in Cr. Appeal D.B. No. 33 of 1994(R)] was committed to the Court of Sessions, where it was registe