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2. The case of the prosecution, in brief, is that in the intervening night of 23rd-24th October, 2012 02:30 am a dance program was organized at village Taulidih, the appellants herein alongwith co- accused namely Mahettar and Shivkumar and appellant/accused Khel Kumar @ Khelu (died and his appeal stood abated) constituted unlawful assembly with a common object to commit murder and in furtherance of their said common object, they all were armed with deadly weapons i.e. axe and gupti and caused murder of Santosh Kumar Sahu (deceased), thereby they committed the aforesaid offence.

3. The further case of the prosecution, in nutshell, is that on 23.10.2012 at village Taulidih, a dance program was organized and during continuance of that program at about 02:30 am dispute arose between the appellants and the deceased and thereafter in furtherance of common object in front of house of Firatram, the appellants herein and co-accused assaulted deceased Santosh Kumar Sahu by hands and fists and co-accused Shivkumar assaulted the deceased by means of gupti by which the deceased suffered grievous injuries on his stomach and chest. The deceased was smeared with blood and became unconscious. Thereafter, the family members of the deceased and others took the deceased to the Government Hospital, Sarangarh where he has been declared dead by the Doctor. Therefore, offence under Section 302 of the IPC was registered against unknown person vide F.I.R. Ex.-P/12 in Police Station Sarsiwa, Balodabazar. Merg intimation was also recorded vide Ex.-P/11. Summons were issued to the witnesses under Section 175 of Cr.P.C. vide Ex.-P/1 and in presence of the witnesses, inquest was conducted vide Ex.-P/2. Spot map was prepared vide Ex.-P/8. Nazrinaksha was also prepared by Patwari vide Ex.-P/7. The dead body of deceased Santosh Kumar Sahu was sent for postmortem. The postmortem examination was conducted by Dr. M.K. Manhar (PW-4) and he gave his report vide Ex.-P/5. As per postmortem report (Ex.-P/5), Dr. M.K. Manhar (PW-

13. It is the case of the prosecution that a dance program was organized at village Taulidih, during continuance of program, dispute arose between the appellants and one Ramnath (PW-10) and in that quarrel Santosh Kumar Sahu (deceased) came to intervene and tried to settle the dispute between them. Further case of the prosecution is that all the appellants/accused persons assaulted the deceased by hands & fists. In that dispute appellant No. 1 Tejram Kewat abused Ramnath (PW-10) and Tejram and other accused persons assaulted him and at that time deceased Santosh Kumar Sahu came there and intervened, then co-accused Shivkumar caused stab injury by means of gupti to the deceased as a result of which the deceased suffered grievous injury and thereafter, the deceased was taken to Sarangarh Hospital where he has been declared dead by the Doctor.

14. Prosecution case is based on the testimony of sole eyewitness Ramnath (PW10) and relying upon him, the trial Court held that the appellants constituted unlawful assembly and in furtherance of their common object, they caused murder of deceased Santosh Kumar Sahu. The incident is of 24.10.2012. Ramnath has been examined as prosecution witness and he has stated before the court that after attending the dance program, he was returning home finding difficult to stay there as it was late night. While he was returning to home, he reached to gali and asked Tejram (A-1) to give him way to go to home by which Tejram abused him and other accused persons came there and started abusing him. At that time deceased Santosh Kumar Sahu came on the spot and tried to intervene/settle the dispute and immediately thereafter co-accused Shivkumar came there and caused stab injury to the deceased by means of knife (gupti). The deceased suffered injury and died in the hospital. Thereafter, Ramnath (PW-10) and one Ishwar were suspected to have committed the offence, both were detained in hospital on 24.10.2012. Further also on 25.10.2012, they were detained along with Keshram, Firat, Jhumuk and Thandaram, but Ramnath (PW-