JUDGEMENT
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(1.)Both the appeals arise out of same judgment: dated 7th of March, 2002 passed by learned 4th Additional Sessions Judge, Sitamarh in Sessions Trial No. 18/1999/13/2000. Both the appellants of Cr. Appeal No. 321 of .2002 have been convicted under Section 3 02 read with Section 34 of the IPC and sentenced to RI for life and a fine of Rs. 10,000/- each or in default to further RI for two years. The sole appellant of the other appeal namely, Prabhu Mahto has been convicted under Section 302, IPC and awarded the same sentence.
(2.)The prosecution case as contained in fardbeyan of Ram Sund er Prasad Sah (P.W.11) recorded by Sub Inspector of Police, Anil Kumar (P.W. 13) at 5.00 a.m. on 25-9-1998 at the door of the informant is to the effect that in the previous night i.e. the night between 24 and 25th September, 1998 at about 1.30 accused Shambhoo Mahto, son of accused Ram Chandra Mahto, a co-villager came to informant's Darwaza for hiring a jeep vehicle and for that he called son of the informant. Ajay Kumar (deceased), Ajay while talking to accused, Shambhoo went towards south of the house and from that direction, after some time there came sound of shouting of the deceased, Ajay Kumar. The informant proceeded towards south and saw that Ajay Kumar had been caught by accused, Shambhoo and his father, accused Ramchandra Mahto and accused, Prabhu Mahto was stabbing Aj ay Kumar with Chhura (dagger). When they saw the informant coming that side they dragged the dead body towards south, away from their Darwaza and when they saw other villagers collecting there they fled a way. Allegedly in the past deceased, Ajay Kumar had been abused by accused Shambhoo Mahto and threatened because Ajay Kumar had expressed his inability to rent out a generator to Shambhoo Mahto on the occasion of a celebration relating to birth of a son of Shambhoo Mahto. Allegedly there was also a litigation in the past in respect of right of way to the house of Ramchandra Mahto.
(3.)After recording Riga PS Case No. 68/ 1998 dated 25-9-1998 on the basis of aforesaid fardbeyan the police investigated the offence. P.W. 13, Anil Kumar as Investigating Officer has claimed that after recording the fardbeyan he inspected the place of occurrence, seized certain articles which appeared to have blood marks including blood stained earth, prepared seizure list, inquest report and sent the dead body for postmortem examination to hospital at Sitamarhi. He recorded the statement of other witnesses and submitted charge-sheet against all the three named accused persons who are the appellants in these two appeals. In course of. trial the accused persons pleaded not guilty to the charge for which they were tried and convicted as noticed earlier. In order to prove its case the prosecution has examined altogether 14 witnesses. P.W.1, Birendra Thakur, P.W. 2, Ram Narayan Mahto, P.W. 3, Nagendra Singh, P.W. 4, Chunni Devi (wife of the deceased), and P.W. 11, Ram Sunder Pd. Sah (informant and father of the deceased) have claimed to be eye-witness of the occurrence. P.W. 5, Ramji Thakur, P.W. 6, Bijay Kumar, P.W. 7, Abhinay Kumar, P.W. 9, Bam Sah and P.W. 10, Shambhu Sah have claimed to have heard about the occurrence and then they came to the place of occurrence and saw the dead body and other things as stated by them.
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