JUDGMENT :

Sujit Narayan Prasad, J.:

The instant appeal, filed under Sections 374 (2) and 389 (1) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 21.03.2017 and order of sentence dated 24.03.2017 passed by the learned Additional Sessions Judge, Simdega in Sessions Trial Case No.68 of 2011, by which the appellant has been found guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs.10,000/-and in case of default of payment of fine, he has further been directed to undergo S.I. for four months with a condition that 60 per cent of the fine deposited shall go to Piyush Jojo (P.W.12), son of the deceased persons.

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per fardbeyan of informant, which reads as under:

Fardbeyan of the informant-Bishram Lugun, S/o Late Atwa Lugun of Village-Karijor, P.S.-Hathibari (Nuageeun O.P.), District-Sundargarh (Orissa) has been recorded by S.I. Tulsidas Munda of Girda O.P., District-Simdega on 30.11.2010 at 15.00 p.m. at Jorobari, Jojotoli, wherein, it has been alleged by the informant that on 30.11.2010 at about 9.00 o’clock, he was in his home, then his sister’s son-in-law namely, Mansidh Jojo informed him telephonically that his Bhatu (brother-in-law) and sister had been killed with farsa by Budhram Jojo. Upon such information, he came in Village-Jorobari, Jojotoli, P.S.-Bano (Girda O.P.) in the house of his said brother-in-law (Bhatu) and saw the dead body of his brother-in-law, namely, Bhadwa Jojo and sister Sugi Jojo lying in their bed room with pool of blood and on enquiry, nearby co-villagers and his maternal nephew (bhagina) namely, Piyush Jojo, aged 9 years disclosed him that on the last evening, the accused abused with deceased persons relating to land dispute and in the night at about 10.00 o’clock, the accused Budhram Jojo armed with farsa came in the bed room and killed both Bhadwa Jojo and Sugi Jojo, the deceased persons and fled away. There were several serious injuries on the face, head and body of both deceased persons who died on the spot.

He has further disclosed the motive of the occurrence that the accused, own nephew of his deceased brother-in-law had land dispute with both the deceased persons and due to said reason, he killed the deceased persons and fled away along with alleged farsa and thereafter, his fardbeyan was recorded by the local Police and after reading and finding the same true, he put his signature over it in presence of his maternal nephew (bhagina) namely, Piyush Jojo who has also put his thumb impression as witness.

On the basis of fardbeyan of the informant, Bano (Girda O.P.) P.S. Case No.43/10 dated 30.11.2010 under Section 302 of the Indian Penal Code, was registered against the accused person and the matter was investigated by the Investigating Officer, who after investigation submitted charge-sheet no.06/11 dated 31.01.2011.

Thereafter, the cognizance of the offence was taken and the case was committed to the Court of Sessions wherefrom the case was received in the Court for trial and disposal and the charge was framed against the sole accused, who had pleaded not guilty and claimed to be tried.

3. In course of trial, the prosecution has examined altogether 14 witnesses, namely, P.W. 1-Silwanti Jojo, P.W.2-Sunil Jojo, P.W. 3-Mansidh Jojo, P.W. 4-Beera Jojo, P.W.5-Birsa Jojo, P.W.6-Barna Jojo, P.W. 7-Tulsidas Munda P.W. 8-Dr. Christ Anand Xaxa, P.W. 9-Sukermani Lugun, P.W. 10-Birasmani Jojo, P.W.11 Sukermani Jojo, P.W.12-Piyush Jojo, P.W.13-Bhardul Sharma and C.W.1 Bishram Lugun.

4. The trial Court, after recording the evidence of witnesses, examination-in-chief and cross