- (1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Purulia in Sessions Trial No. 9 of 1995 arising out of Sessions Case No. 42 of 1989 sentencing the appellant Dhiren Garai to suffer R.I. for life and to pay a fine of Rs.5,000/- in default to suffer R.I. for two years under Section 302/34, Indian Penal Code and also to suffer R.I. for three years and to pay a fine of Rs.3,000/- in default to suffer R.I. for one year under Section 326/34, Indian Penal Code, with the direction that both the sentences will run concurrently. The appellant Sitaram Garai has been sentenced to suffer R.I for life and also to pay a fine of Rs.5,000/- in default to suffer R.I. for two years under Section 302/34, Indian Penal Code.
(2.) The prosecution case, in short, is that on 12.2.1984 at 12.30 P.M. the statement of one Mihir Chandra Garai was recorded at village Bamro which was treated as F.I.R. It has been alleged therein that on 12.2.1984 at 6.00 A.M. the informant and his younger brother Pagal Garai were making arrangements for bringing water from Paugra Dam at the western side of the village to the vegetable garden belonging to them. Bharat Garai's son Putka Garai aged about 9/10 years was standing in front of the house of Guhiram and he was trying to divert the flow of water. At that time it was about 8.00 A.M. After witnessing this, the younger brother of the informant scolded Putka who he ran to his room. Thereafter Bharat's wife came out and abused the informant and his men. Thereafter Satrughna and his elder brother Bharat taking sticks came out of their room. Their neighbours Guhiram and his two sons Sitaram and Prafulla took sticks and 'Farsa' and chased the informant and his younger brother. Being frightened the informant and his brother came near their house and on hearing their shouts informant's uncle Jiten Garai, aunt Sarubala Garai came out of their house. The informant went inside the room. Pagal Garai was standing with the aunt. At that time Durjodhan Garai and his two sons Dhiren Garai and Sakti Garai and Durjadhan's elder son-in-law Haripada Garai being armed with sticks, a double barrel gun, 'farsa' arrows, 'karh' came there. Sakti Garai snatched the gun from the hand of Dhiren and fired one round of bullet at the place where Jiten, Sarubala and Pagal were standing. Jiten at once fell down on the ground. Sarubala and Pagal also fell down there. After witnessing this, the informant rushed to that place and saw that there were bullet marks on the chest, hand, stomach and face of Jiten. Jiten died there immediately. Pagal sustained bullet injury in the neck, face and hand. Sarubala had sustained bullet injury in the abdomen, but she was somehow able to talk. At that time the accused persons came towards the informant with gun, stick and other weapons. The informant closed the door and brought the injured Pagal and kept him in the room. Jiten and Sarubala were lying near the door of the room. The informant sent his mother Sushila Garai to their friend Dhananjay Mahata for delivering a message that Jiten, Sarubala and Pagal were shot at about 8.00 A.M. Thereafter, the accused Sitaram with a 'farsa' and Sakti Garai with a double barrel gun went to the mother of the informant. After looking at them, the mother of informant folded her hands. At that time Shakti shot at Sushila with the help of the gun and the informant's mother fell on the ground.
(3.) After 10/15 minutes Shakti Garai again came with a gun and Sitaram with a 'farsa' and Sakti again fired one round on Sushila. This incident was witnessed from some distance by Tarani Mahato, Jhogru, Butan Mahato and many other villagers of Lanka. They were standing there. The informant went there and saw that his mother was lying dead on the field with bleeding injury at the side of the right ear. Sushila was lying on the paddy field belonging to Biru Porai of Bamro. When the informant was coming back home, he noticed Dhiren with a gun in his hand along with others who were coming out of their room. The informant heard about the incident from his brother Pagal.;