The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.

JUDGMENT :

Sujit Narayan Prasad, J.

This Court, after having heard learned Amicus for the appellant nos.1 and 2 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 and learned A.P.P.

2. Learned Amicus at the outset has submitted that at the time of occurrence, appellant no. 1- Baiju @ Baijnath Paswan, and appellant no. 2-Raj Kumar Paswan were juvenile but subsequent thereto submission has been made that the aforesaid issue has neither been raised before the trial Court nor there was any enquiry to assess their age and as such she is not pressing this issue.

3. The instant appeal has been preferred against the judgment of conviction dated 27th July, 1993 and order of sentence dated 31st July, 1993, passed by the learned Additional District & Sessions Judge-II, Godda, in S.T. No.15 of 1993 [8 of 1993], by which the appellants, named above, have been found guilty and convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment for the said offence.

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 against the present appellants.

It is evident from the fard beyan given by informant-Prabhu Dayal Ram (P.W. 1) before the Sub-Inspector of Police, Meharma on 05.11.1991 in the barandah of Government Hospital, Meharma that Betel Shop of the informant is situated near Meharma More, near Main Road. After two shops the betel shop of his brother, namely Chandradeep Ram was situated. On 05.11.1991 at about 5.30 (evening) p.m., Chandradeep Ram, brother of the informant, has told him that since it is Dipawali today (05-11-1991) as such he (Chandradeep Ram) is going to home to light the Diya and requested the informant to sit at his shop for a while. Thereafter, the informant giving charge of his shop to one Talu Besara (P.W. 6) sat over the shop of his brother, namely, Chandradeep Ram.

It has further been stated that at about 6.30 p.m. his brother- Chandradeep Ram returned to shop after lighting the Diya and while the informant was returning to his shop (Gumti), the accused persons – Dewan Paswan (now deceased), Baiju @ Baijnath Paswan and Raj Kumar Paswan came there. Baiju @ Baijnath Paswan started abusing to his younger brother (Chandradeep Ram) and said why Chandradeep Ram demanded dues of betel (Paan) in open market, which caused insult to him. Thereafter, informant’s younger brother forbade him to abuse but Dewan Paswan using abusive language told to kill Chandradeep Ram. Whereafter, the informant requested the accused persons not to behave in such a manner. But, Baiju @ Baijnath Paswan and Raj Kumar Paswan started quarrelling with Chandradeep Ram. Raj Kumar Paswan held both the hands of Charandeep Ram behind his back and caught tightly. Whereupon, Dewan Paswan exhortated to kill his brother (Chandradeep Ram). Thereafter Baiju @ Baijnath Paswan brought out one Spring-fitted Knife from the right pocket of his jacket and by pressing the spring of the knife gave knife blow below the ribcage on the left abdomen of Chandradeep Ram. After getting knife blow his younger brother started shouting and moved towards his shop and became unconscious near his (informant’s) shop. Thereafter, all the accused persons, namely, Dewan Paswan, Raj Kumar Paswan and Baiju @ Baijnath Paswan fled away to their home. It has further been stated that thereafter he raised halla (alarm) and chased them but they fled away. Thereafter, the informant alongwith Paras Modi, Dilip Modi