V. N. Khare, J. - (1.)By this appeal, the appellants, who have been found guilty for the offence under Section 302 read with Section 34 of the Indian Penal Code, question the correctness of the judgment rendered by the High Court of Patna, dismissing their appeals and upholding the judgment of the Additional Sessions Judge, Bhagalpur in Sessions Trial Case No. 333 of 1982.
(2.)The prosecution case which has given rise to this appeal is, that on December 3, 1981 at about 2.30 p.m. one Rudan Mandal (PW-11), while getting his work done in his field heard the cry of his nephew Natheshwar Mandal which was coming from the field of one Ekbal Mandal situated to the west of his field. On hearing the cry, Rudan Mandal ran towards that direction raising alarm. When Rudan Mandal arrived near the place of occurrence he witnessed the accused Dasrath Mandal and Baleshwar Mandal assaulting the deceased Natheshwar Mandal with Dabiya and Kulhari, respectively. On alarm being raised, the villagers from neighbourhood arrived and thereafter both the accused managed to escape from the place of occurrence towards north. Further case was that Kashi Mandal (PW-1), Tarni Mandal (PW-4), Kailash Mandal (PW-2), Tetar Mandal (PW-10) and Biddi Mandal (PW-3) saw the accused cutting the deceased-Natheshwar Mandal with Dabiya and Kulhari, as a result of which Natheshwar Mandal died and accused fleeing away after they were being identified. I.O. Rajnandan Singh (PW-15) arrived at the place of occurrence at about 4.30 p.m. when he recorded the Fardbayan of PW-11 - Rudan Mandal. The Investigating Officer seized the blood stained clothes and earths of place of occurrence and prepared the inquest report and site plan and thereafter recorded the statements of witnesses. The Fardbayan was sent to the Police Station through special messenger and on the basis of Fardbayan, the First Information Report was lodged next day.
(3.)The Court of Session having found both the accused have committed murder of Natheshwar Mandal, sentenced them for imprisonment of life. The appeal preferred by the appellants was dismissed by the High Court.