Judgment Prasun Kumar Deb, J. 1. The two accused-appellants in the case have been convicted under Section 302/34 of the Indian Penal Code causing double murder of Budha Munda and Lohra Munda and sentenced to undergo rigrous imprisonment for life. The conviction and sentence was recorded by the impugned judgment dated 4-6-1992 passed by Shri J. K. Narayan, 2nd Additional Commissioner, Ranchi, at its Camp Court at Khunti, in Sessions trial No. 208 of 1990. 2. Etwari Mundain (PW 1) is the informant in the case. Her fard beyan was recorded on 17-8-1988 by the Officer-ia-Charge of Murhu Police Station at her Village Kurapurti at about 9 a.m. According to her, on the previous date i.e. on 16-8-1988 at about 4 p.m. she was uprooting the paddy seedling in her field and her husband Budhan Munda was grazing his cattle at some distance with a small child in his lap. She heard her husband shouted "Bachaoo" and then looking towards that side, she saw that her husband throwing down the child in the field when he was attacked by both the accused -appellants being armed with Tono and Tangi. It was specifically stated that appellant No. 1 was having Tono in his hand while the accused-appellant No. 2 Birsa Munda was armed with tangi. On receipt of several blows, he fell down in the paddy field of Dasai Munda. After assaulting Budhu Munda and while the informant was proceeding for rescue of her husband, she was also chased and then she ran from the place towards the village and informed about the occurrence to the villagers, namely, Bir Singh Munda and Soma Munda. She also mentioned in the fard beyan that she could know afterwards that before assaulting her husband to death, those accused appellants had committed the murder of Lohra Munda near the field of Tarkain Munda. Both the injureds died at the spot itself. The informant made her statement in Mundari language which was translated by the village Panchayat and after being read over and explained to the informant, she put her left thumb impression over the same. On the basis of the fardbeyan, the police registered a case. The police investigated the case an d after arresting the accused persons submitted charge-sheet against both the accused persons under Section 302/34 of the Indian Penal Code. 3. On the basis of the fardbeyan, the police registered a case. The police investigated the case an d after arresting the accused persons submitted charge-sheet against both the accused persons under Section 302/34 of the Indian Penal Code. 3. The motive behind the double murder as disclosed in the fardbeyan that about a week prior to the occurrence, some cattle belonging to the accused persons died and they were of the belief that because of the witchcraft practised by the deceased Budhu Munda and Lohra Munda, the cattle died and as such by calling them witch, they killed both the deceased successively in the same chain of occurrence. When the charge was framed under Section 302/34 of the Indian Penal Code against both the accused persons, they pleaded not guilty. The defence case is of total denial and of false implication. 4. For and on behalf of the prosecution, as many as 15 witnesses have been examined. The Investigating Officer could not be examined in the case although very many efforts were made for his production in the court. 5. Out of 15 witnesses examined in the case, PW 1, Etwari Mundain, PW 2 Birsi Mundain, PW 3 Mangra Munda, PW 4 Kola Munda, PW 8 Mostt. Marang Bura and PW 9 Lakhan Munda are the eye-witnesses to the occurrence. PW 5 Budhu Munda is a hearsay witness in respect of the murder of Budha Munda and Lohra Munda as reported by PW 1 Etwari Mundain. PW 7 Sohan Singh Munda who translated Mundari language of the informant in Hindi when her fard beyan was recorded by the police officer. PW 6 Soma Munda, PW 10 Sagar Munda, PW 11 Joto Munda, PW 12 Etwa Munda and PW 13 Bir Singh Munda are tendered witnesses. PW 14 is Dr. Shashi Kant Sinha who held post mortem over the dead body of Budhu Mundu and Purti Munda on 17-8-1988. PW 15 Banwari Lal Jaiswal is a formal witness who proved fard beyan (Ext. 3) and a formal first information report (Ext. 4). 6. Amongst six eye witnesses to the occurrence, PW 1 Etwari Mundain is the informant. PW 3 Mangra Munda, PW 8 Mostt. PW 15 Banwari Lal Jaiswal is a formal witness who proved fard beyan (Ext. 3) and a formal first information report (Ext. 4). 6. Amongst six eye witnesses to the occurrence, PW 1 Etwari Mundain is the informant. PW 3 Mangra Munda, PW 8 Mostt. Marang Bura and PW 9 Lakhan Munda are the witnesses of the murder of deceased Budhu Munda while PW 2 Birsi Mundain wife of the deceased Lohra Munda, PW 4 Kola Munda are the witnesses of the murder of Lohra Munda. The evidence of all these independent witnesses have been vividly described by the learned Additional Judicial Commissioner, Ranchi, in paragraphs 10 to 16 of the impugned judgment and it is not necessary to reiterate those. I have personally scrutinised the evidence on record and its reproduction in the impugned judgment by the learned court below, There is no error of record. There is misleading or suppression in recording the circumstances of the evidence of each of the eye witnesses in the impugned judgment. The evidence of the Dr. Shashi Kant Sinha (PW 14) discloses several injuries on the persons of the deceased in relation to their post mortem reports which may be reproduced hereinbelow : (1) Budhu Muada : I found the fallowings : "Stomach half full, bladderhalf full and following injuries were present : (1) On right side of shoulder joint sharp cut injury of size 4"x 1/2 x 3" deep traversely placed on front and superior aspect of the shoulder joint. (2) Sharp cut injury T shaped on the back of scalp of size 3" x 2" x 2" deep on exploration the bone underlying was fractured with cutting of Duramatter with clotted blood and the brain matter was lacerated. All injuries were ante-mortem in nature, caused by sharp cutting weapon, may be by Tono and Tangi. Time of death at the time of post mortem is within 24 hours. Death was due to shock, haemorrhage and cardic respiratory failure caused by injuries mentioned above." (2) Lohra Munda : The following findings were found : Peritoneum haemorrahaging, stomach empty, bladderhalf full. The following injuries were present : "(1) Sharp cut injuries of size 4" x 2"x 4" deep placed longitudionally on mid epigastric region, cutting all vesscles and paritonum. Death was due to shock, haemorrhage and cardic respiratory failure caused by injuries mentioned above." (2) Lohra Munda : The following findings were found : Peritoneum haemorrahaging, stomach empty, bladderhalf full. The following injuries were present : "(1) Sharp cut injuries of size 4" x 2"x 4" deep placed longitudionally on mid epigastric region, cutting all vesscles and paritonum. On exploration, the stomach was cut sharply over an area of 2" x 1/2" and all contains of stomach liquid in nature soils the paritoneum. (2) Sharp cut injury of size 1/2" X1/2 x 1/4" on left side of umbilicus. (3) Sharp cut injury of size 1/2"x 1/2" x 1/4" on left side of umbilicus. (4) Sharp cut injury of size 1"x 1/2" x 1/4" deep cutting the muscle, placed longitudionally on right side of injury No. (2). (5) Sharp cut injury of size 4"x 1/2" x 1/2" deep placed lengitudionally on right temporal. On exploration, temporal bone was fractured with blood clots. (6) Sharp cut injury traversely placed on middle of neck on front part, cutting the wind pipe. All injuries were ante-mortem in nature, caused by sharp cutting weapon such as Tono and Tangi, The doctor was of opinion that death was due to cardio-respiratory failure and shock and haemorrhage. These injuries are sufficient to cause death in the ordinary course." 7. On tallying the medical report with the occular evidence adduced by the witnesses I find no infirmity or differences. The witnesses have categorically mentioned about the parts of the body of the deceased persons where the injuries were caused by the accused persons and thus in the medical evidence also, the injuries were found on those parts only, hence the medical evidence totally support the occular evidence. The witnesses to the occurrence are coming from the village rustic society having no education and from the way they have deposed trial court, it could be found that they were very natural witnesses and even there was no attempt on their part either in embellishment or exaggeration of the story. They have deposed in a very natural way as to how they had seen the occurrence. They have deposed in a very natural way as to how they had seen the occurrence. It has been submitted for and on behalf of the accused appellants that the witnesses had seen the occurrence from a distance of about 200 to 400 yards away from the place of occurrence, and according to the learned counsel, there was a little scope for identifying the assailants from such a distance but I do not find any force in such submission. The occurrence took place at about 4 p.m. In the month of August and definitely at that time, there was day light and known persons of the village could very well identify from such distance. Another point has been raised to the effect that none of these witnesses tried to intervene to save the life of the deceased persons. 8. On scrutinising the evidence I find that some witnesses tried to come to the spot on seeing the occurrence for the purpose of invervention but before they could reach the assault was complete. Even PW I was charged away while she wanted to go near her husband when he was being assaulted. Morever the accused persons were armed with deadly weapons and they were in such a mood that it was definitely not possible for a common person to intervene as they would have been definitely scared. Some objections have been raised regarding the individual eye-witnesses with regard to their position from where they had seen the occurrence but those omissions and commissions are but natural rather those commissions and omissions show the naturality of the witnesses when they had come and deposed before the trial court after two years of the occurrence. By close scrutiny of their evidence I could find those eye witnesses to be truthful witnesses and there is nothing to disbelieve their testimony. None examination of the Investigating Officer has not prejudiced the defence case in any way because no major contradictions have been brought by the defeace during the cross-examination of these eye witnesses and non-proof of which have not shattered the prosecution story in any way whatsoever. 9. None examination of the Investigating Officer has not prejudiced the defence case in any way because no major contradictions have been brought by the defeace during the cross-examination of these eye witnesses and non-proof of which have not shattered the prosecution story in any way whatsoever. 9. Another objection has been raised to the effect that blood stained cloth and spade yoke which were said to be carried out by the deceased Lohra Munda and found lying at place of occurrence have not been produced as material exhibits before the court but such non-production does not in any way take away the prosecution version. Lohra Munda was said to be returning home after doing works in bis field with his yoke and spade and then he was attacked in the field itself. It is further stated that muds were there in the field but in the post mortem examination it has not been stated that the body of the deceased persons were smeared with mud. It might be an omission from the side of the doctor who held autopsy but no question to that effect has been asked from the side of the defence to the doctor nor the condition and position of the mud in the field were described about its gravity as to whether the dead bodies were smeared with blood or not and hence such sort of omission(s) has got no value and it cannot be said to be a vital omission to affect the prosecution case. Objection has further been raised to the effect that as one murder was committed in the land of Dassai then Dasai would have been the best person to depose in the case. It is there in the evidence that Dasai was in the field but as per PW 1, her husbaud Budhu Munda was at some distance away from the land of Dassai and when being attacked and while running to save himself from the clutch as of the accused persons, he fell down at the land of Dassai on being assaulted by the accused appellants. It is true that Dassai could have showed as an eye witness to the occurrence but only for his non-examination, the prosecution case cannot be said so be untrue. 10. It is true that Dassai could have showed as an eye witness to the occurrence but only for his non-examination, the prosecution case cannot be said so be untrue. 10. Another objection has been raised to the effect that PW 3 Mangra Munda stated in his evidence that occurrence had taken place at about 2 p.m., but according to other witnesses, it was held at about 4 p.m. This recording of time by village rustic tribal person is of no much significance. After scrutinising the evidence on record I find that the prosecution witness could be able to prove the killings of the accused persons beyond all reasonable doubt and hence their conviction and sentence as recorded by the learned court below is proper and there is nothing to interfere with the same. 11. In the result, the appeal is rejected. The impugned judgment of conviction and order of sentence is hereby upheld and confirmed. The period of detention of the appellants shall be set off from the period of sentence awarded.