S. B. Sinha, J. - (1.) Bhadsa is a small village situate at a distance of 12 kms. from the district headquarters known as Purulia in the State of West Bengal. On 1-12-1982, Prankrishna, deceased and Chepulal (PW-14) heard some sounds coming from the side of their Shivatara land situate in the said village. They informed their brother Nepal Mahato (PW-25) about the same. They also informed Haradhan Mahato (PW-2) and who in turn informed Subhas Mahato (PW-13). When the three brothers were proceeding towards their land, Sambhu Mahato (PW-1) met them on the road. When they reached near the land in question, being Plot No. 550, they found some persons were engaged in cutting of paddy therefrom. Nilkantha, Bhiswa alias Bishna, Manmatha alias Mathan, Kalipada, Bulu, Patal, Lalbas, Haralal, Ramanath, Majhi, Chinbas alias Srinibas (Accused Nos.1 to 11 respectively) were standing on the ail (Ridge on the agricultural land). The accused persons were variously armed. They were asked not to cut paddy but did not pay any heed thereto. Altercations started. All of a sudden, Bulu (Appellant No. 3) threw an arrow which struck Nepal Mahato (PW-25). They also exhorted shouting "Marsaladiga". The complainant party retreated to some extent. They were chased near the bed of tank called upper bundh. Nepal Mahato (PW-25) was surrounded by the accused. He was hit on his left leg with tabla by Mathan whereas Haralal hit him with a tabla on his back. Bhiswa (Appellant No. 1) assaulted on his head with a lathi. He fell down on the ground whereupon Patal struck him with a sword causing injury on his hand. Ramanath and Nilkantha assaulted him with lathi. Prankrishna, deceased rushed to save his younger brother whereupon he was assaulted by Mathan on his right leg with tabla and Bhiswa with lathi. Sambhu Mahato protested to such assault on the deceased whereupon Lalbas assaulted him with a lathi. Kalipada (Appellant No. 2) and Nilkantha and Bhiswa (Appellant No. 1) exhorted that he should be finished whereupon Ramanath took a tabla from Haralal and struck the deceased at his neck. The deceased succumbed to his injuries. Further, Bulu threw arrow which struck Chepulal at his head and Kalipada gave order to finish him whereupon Nilkantha assaulted Sambhu (PW-1) and Chepulal (PW-14) with lathies in their hand.
(2.) Sambhu Mahato (PW-1) came to the district town of Purulia to hire a vehicle for shifting the injured persons to Purulia Sadar Hospital. In the meantime, the officer-incharge (PW-28) of the Police Station, Purulia received a telephonic message that some incident had taken place in the village. He entered the said information in the diary being G.D. Entry No. 17. He thereafter reached the village round about at 11.40 a.m. and noticed the dead body of Prankrishna, deceased lying at eastern extremity of the said tank. J.L. Pahari, a sub-inspector of police who accompanied the officer-incharge held the inquest on the dead body. Nepal Mahato (PW-25), who was lying unconscious, was brought to Purulia Hospital in the hired vehicle. He was accompanied by Chepulal Mahato. Nepal Mahato was admitted in the said hospital. Sambhu Mahato and Chepulal thereafter went to the police station and lodged a first information report.
(3.) Upon completion of the investigation, 11 persons named in the first information report were chargesheeted for commission of various offences.;