The prosecution must prove the charge beyond all reasonable doubt, and fair investigation is necessary to establish the place of occurrence.

JUDGMENT :

Sujit Narayan Prasad, J.:

This Court, after having heard learned Amicus for the appellants and learned A.P.P for the State, perused the materials available on record as also the judgment of conviction and order of sentence and closely scrutinized the deposition of witnesses recorded by learned trial Court, is passing order/judgment in open Court in presence of learned Amicus Curiae and learned A.P.P.

2. At the outset, it has been submitted by Mr. Chanchal Jain, that he has been appointed as Amicus Curiae by an order passed by the Co-ordinate Bench of this Court, as would appear from order dated 11.04.2019.

Mr. Chanchal Jain, learned Amicus Curiae is present and addressed the Court on the issue of merit.

It has further been submitted that two of the appellants, namely, Renso Hessa and Birendra Hessa, appellant Nos. 2 and 3 respectively, have died during pendency of the instant appeal.

It has been submitted that an order was passed by the Coordinate Bench of this Court on 13.03.2019 whereby and whereunder the Secretary, Jharkhand High Court Legal Services Committee has been directed to ascertain from the appellants through the Para Legal Volunteer whether they wish for legal aid.

It further appears from the order dated 11.04.2019 that a report from the Jharkhand High Court Legal Services Committee has been received wherein it has been stated that the appellants Renso Hessa and Birendra Hessa have died. Along with this report an application from the appellant no. 1 namely, Hari Hessa is attached which shows that appellant no. 1 desires for the legal aid.

In the aforesaid facts, Mr. Chanchal Jain, the learned A.C. to the learned Advocate-General was appointed as Amicus to argue this criminal appeal on behalf of the appellant no. 1.

There is no application for suing this criminal appeal through the legal representative of the appellant Nos. 2 and 3 and, as such, the appeal stands abated so far as appellant Nos. 2 and 3 are concerned.

3. The instant appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the Judgment of conviction dated 25th June, 1994 and Order of sentence dated 27th June, 1994, passed by 1st Additional Sessions Judge, Chaibasa, in S.T. No.168 of 1992, by which the appellants, named above, have been found guilty and convicted for the offence punishable under Sections 302/34 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 I.P.C and to undergo rigorous imprisonment for two years for the offence punishable under Section 201 I.P.C. Both the sentences were directed to run concurrently.

The legality and propriety of the judgment of conviction and order of sentence is under challenge before this Court under its appellate jurisdiction.

4. 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 institution of prosecution case.

As per written report dated 18.02.1992 of one Jogeshwar Hesa (P.W. 4), Munda of Amjora village, the deceased-Burhan Singh Hessa of village Amjora, who was a Railway employee, had come to his village on 13.02.1992 to celebrate the festival of Mage. On 16.02.1992 at about 9.00 p.m. he (deceased) reached to the house of Birendra Hessa @ Biren (appellant no. 3, now dead) where he took food and drink along with said Birendra Hessa @ Biren. On enquiry from the people it was known to informant that there was some altercation and exchange of abusive language in between Burhan Singh Hessa and accused persons namely, Birendra Hessa, Hari Hessa, Renso Hessa @ Dodi Ekka.

On the next day morning i.e., on 17.02.1992, the family members of the deceased started searching the deceased but he could not be traced out, therefore, the family members of the deceased informed the informant who is the Munda of the village. The informant along with Punchs (villagers) went to search the ho