The court upheld the conviction for murder under Sections 302/34 IPC, affirming that the evidence of witnesses sufficiently established the premeditated assault leading to death.

JUDGMENT :

(R. Mukhopadhyay, J.)

1. Heard Mr. Kanti Kumar Ojha, learned counsel for the appellants and Mrs. Vandana Bharti, learned A.P.P.

2. Since both these appeals arise out of a common judgment, they are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 22.01.2000 passed by Mr. Vinay Kumar Sinha, Learned Additional Sessions Judge, Pakur in Sessions Case No.75 of 1997 / 24 of 1997, whereby and whereunder the appellants have been convicted for the offence punishable under Sections 302/34 I.P.C and have been sentenced to imprisonment for life.

4. The prosecution case arises out of the Fard Bayan of Phool Murmu recorded on 06.02.1996 in which it has been stated that the husband of the informant namely Parmeshwar Hansda is the eldest of his five brothers. All the brothers stay separate with their families. It has been stated that in the village Bandhana festival was going on which ended yesterday. The informant has one son namely Lucas Hansda and one daughter namely Betty Hansda. On 05.02.1996 the entire family of the informant had dinner after which the son of the informant went to a nearby village to celebrate Bandhana festival. At about midnight, Sonamuni Hansda came and abused the informant and her family members making allegations against them of stealing utensils which was denied by the husband of the informant. At this, all the accused persons started abusing and assaulting the husband of the informant with fists and slaps. The husband of the informant was dragged outside and all the accused persons made concerted assault upon him. When on alarm raised by the informant, Babulal Murmu and others had arrived, at which the accused persons had left the place. The informant with the assistance of others had brought her husband home where he breathed his last.

Based on the aforesaid allegations, Maheshpur P.S. Case No. 07 of 1996 was instituted under Sections 302 / 34 I.P.C. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the court of sessions, where it was registered as Sessions Case No. 75 of 1996 / 24 of 1997. Charge was framed against the accused under Sections 302 / 34 I.P.C which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

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

5. P.W.1 Betty Hansda has stated that she was in her house when Sonamuni came and started quarrelling with Parmeshwar Hansda. Along with Sonamuni were Sanatan, Charan, Kalai and Chand. She woke up on hearing the commotion. In course of quarrel, Charan had assaulted her father who fell down after which the other accused persons dragged him towards the house of Sonamuni. She has stated that Sonamuni went inside her house and brought a knife and a Kulhari and stabbed her father with a knife. Sanatan had assaulted her father with a Kulhari on head while Chand assaulted with Lathi. She and her mother were the only ones present. She has stated that her mother had called Babulal and his wife and with their assistance, her father was brought back home where after having water, he died. The assault took place on account of the allegation that her father had stolen a utensil belonging to Sonamuni.

In cross-examination, she has deposed that her statement was recorded by the Police after one month of the incident. She had not taken the name of any of the persons before the Police. Except the houses of the accused, there are no other houses in the vicinity of her house. None of the villagers had come to her assistance when she had raised a cry of alarm.

6. P.W. 2 Lucas Hansda is the son of the deceased who has stated that in the night of the occurrence, he had gone to Kasir Tola where archery competition was being held on account of Sohrai festival. When he returned home in the morning, he found his father grievously hurt. He as well as