Per Sujit Narayan Prasad, J.

1. Since both the appeals arise out of the common judgment of conviction dated 26.05.2017 and the order of sentence dated 27.05.2017 passed by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No.266 of 2011, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

2. The criminal appeal being Cr. Appeal (DB) No.1848 of 2017 under section 374(2) of the Code of Criminal Procedure, 1973 and the criminal appeal being Cr. Appeal (DB) No.1424 of 2024 under section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are directed against the judgment of conviction dated 26.05.2017 and the order of sentence dated 27.05.2017 passed by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No. 266 of 2011 whereby and whereunder the appellants, above-named, have been convicted under sections 307/34, 302/34, 201/34 of the Indian Penal Code and under section 3/4 of Prevention of Witch (DAAIN) Practices Act and sentenced to undergo RI for life under section 302/34 of the Indian Penal Code with a fine of Rs.20,000/- each and in default to pay fine amount, they were directed to go further RI for six months. They are further sentenced to undergo RI of 7 (seven) years with a fine of Rs.5000/- each for the offense under section 307/34 of the Indian Penal Code and in default to pay fine amount, they were directed to go further additional RI for six months. They are further sentenced to undergo RI of 5 years with a fine of Rs.5000/- each for the offence under section 201/34 of the Indian Penal Code and in default to pay fine amount, they were directed to go further additional RI for six months. They are further sentenced to undergo RI of 3 months with a fine of Rs.1000/- each for the offence under section 3/4 of the Prevention of Witch (DAAIN) Practices Act and in default to pay fine amount, they were directed to go further additional RI for one month. It has further been directed that all the sentences shall run concurrently and the period undergone by them during the trial of this case shall be set off from the sentence awarded to them.

Factual Matrix

3. The fardbeyan of the informant Soma Mahli(P.W.-1) was recorded by the S.I. K. Tirkey, officer-in-charge of Toklo P.S. on 27.08.2011 at 13:40 hours at Matkam Lodo forest P.S. Toklo.

4. The prosecution story, in brief, as per the fardbayan of the informant Soma Mahli(P.W.-1) is that on the last Tuesday (23.08.2011), at about 7.30 pm in the evening, informant went near the house of his brother Budhram Mahli (deceased). In the meantime, about 4-5 persons took away the informant's brother Budhram Mahli (deceased) and his wife Kunti(deceased) from their house by abusing and dragging them beneath a tree nearby. The informant could not identify them due to darkness.

5. Informant further stated that several villagers had also assembled beneath the said tree and the informant saw that 1. Gardi Jamuda, 2. Mohan Bodra @ Jokdo Bodra, 3. Jiten Mahli, 4. Santosh Gagrai, 5. Landu Jamuda, 6. Kanuram Bodra, 7. Singrai Mahli, 8. Sukhram Mahli, and 9. Bal Krishna Bodra @ Jendo Bodra, all resident of village-Harjora, P.O & P.S-Toklo, District-West Singhbhum, were assaulting the informant's brother Budhram Mahli with lathi and danda in the light of torch. The wife of Budhram, namely, Kunti tried to save her husband upon which the said miscreants assaulted her also with lathi (stick). The Informant also tried to save his brother and told the accused persons to leave him upon which Landu Jamuda and Santosh Gagrai assaulted him with lathi on his head due to which he sustained injury and fell down.

6. Thereafter, the informant escaped from there and hide himself nearby and in the light of torch, they saw that accused persons tied the hands of Budhram and Kunti by rope and they took them towards the hillocks by saying that as you are Ojha and you used to kill the villag