- (1.)Appellants in these two appeals are near relations. Appellant Rushinath Giri is father of appellants Atul Kumar Giri and basanta Giri. The other appellant sukadev Giri is brother of Rushinath Giri. All of them were charged for offences under sections 302/34, 307/34 and 323/ 34 of the Indian Penal Code. They were found guilty of the charge and were convicted by the sessions judge. All of them were sentenced to undergo imprisonment for life for offence under section 302/34 of the Indian Penal Code. No separate sentence was passed for offence under section 307/34 and section 323/34 of the indian Penal Code.
(2.)The conviction and sentence in respect of offence under section 302/34 and section 323/34 IPC having been maintained by the High Court in the appeals filed by all four of them, these appeals have been filed challenging the judgment of the High court. The High Court by the impugned judgment has, however, set aside the conviction of the appellants under section 307/34 of the Indian Penal Code.
(3.)The first information report was lodged on the information of PW 8 - pranabandhu Giri stating that on 12th november, 1990 while he was tending cattle, two heads of bullocks belonging to him came over the ridge adjoining the land of Rushinath where paddy crop was standing. The crop was ready for harvesting. Rushinath was standing at a little distance. Having seen the bullocks he abused PW 8 which resulted in altercation of words followed by a tussle. Rushinath cried for help. On hearing it, the other appellants came to his rescue. Appellants Basanta and Atul came being armed with axe and lathis respectively. Sukadev also accompanied them. They all surrounded PW 8. The deceased jugal who was also tending cattle at a little distance came at the spot. He protested against the high handed action of the appellants. Jugal was caught hold by sukadev, whereafter Rushinath snatched away the axe from the hand of Atul and gave a blow with its blunt side on the head of Jugal. Immediately thereafter Atul brought out a knife and dealt a piercing blow on the back of Jugal. On receipt of these injuries Jugal fell down and succumbed to the injuries. PW 7 and PW 10 also received injuries. The prosecution to establish the charge examined 11 witnesses including four eye witnesses i. e. PWs 1, 7, 8 and 10 PW 3 is the doctor who conducted postmortem examination. PWs 4, 5 and 6 are other doctors who examined the injured as well as appellant rushinath and Atul.