- (1.) The present appeal is directed against the judgment and order dated 23.9.1980 passed by the Assistant Sessions Judge, Purulia in Sessions Trial No. 14/80 (Sessions Case No. 21/80). Through the same, the learned Additional Sessions Judge found the appellants guilty convicted under Section 304 Part-I read with Section 34 of the Indian Penal Code and sentenced them to R.I. for 10 years each. They were also convicted under Section 148 I.P.C., but no separate sentence was passed on them. The appellants, namely, Ganesh Mahato and Naresh Mahato were also found guilty under Section 323 read with Section 34 I.P.C. and sentenced to suffer R.I. for 6 months, directing further that such sentence would run concurrently along with the earlier sentence imposed on them under Section 304 Part-I of I.P.C.
(2.) Shortly put the case of the prosecution as disclosed in the F.I.R. lodged by the informant Bishnu Mahato (P.W. 1) is that on 29th May, 1979 the informant along with his uncle (father's elder brother) Rohin Mahato were crushing the mud in order to sow seeds in the khet of his uncle at Kenduadih when the appellants came to the khet armed with various weapons like lathi, tangi, ballams and ask them to vacate that land claiming that the same belonged to them when the witness and his uncle protested the accused persons forcibly entered into the said land and accused Bhim Mahato, uncle of Rohin Mahato with tangi on his forehead, left hand, arm pit and right back. Accused Nibaran and Prahllad assaulted the uncle Rohin Mahato with lathis. Dhiren Mahato assaulted Hiralal Mahato with tangi on his right back. The accused Ganesh, Madhu, Paresh also assaulted the said Hiralal with lathis as a result of which blood stained injuries were sustained by such victim, Ganesh Mahato assaulted with the handle of the spear on the head of the informant. Accused Paresh Mahato assaulted the informant with lathi on his left hand, on seeing the uncle, Rohin Mahato lying on the land with injuries, the witness went to Tulin out-post and lodged the F.I.R.
(3.) At the time of trial, the learned Assistant Sessions Judge on consideration of the material on record raised a charge under Section 148 I.P.C. against all the accused persons. Appellants Bhim Rajwar, Nibaran Rajwar, Prohlad Rajwar and Tirthanath alias Taraknath were further charged under Section 304 I.P.C. read with Section 34 I.P.C for causing death of Rohin Mahato (described as Rohin Mahato and the charge also the evidence). Appellant/accused Ganesh Mahato, Naresh Mahato, Madhu Rajwar and Dhiren Mahato were also charged under Section 304 Part-I read with Section 34 I.P.C. for causing death of Hiralal Mahato. That apart appellant Ganesh and Paresh were also charged under Section 323 read with Section 34 I.P.C for causing hurt to Bishnu Mahato (P.W. 1) Accused/appellants pleaded not guilty to such charge and so the trial proceeded.;