- (1.) This appeal is at the instance of seven convicted persons who were charged under Sections 302/34 and 148 of the Indian Penal Code and were ultimately convicted and sentenced to suffer life imprisonment in addition to a fine of Rs. 5000/- each, for the charge under Sections 302/34 and a further rigorous imprisonment of one year for the offence under Section 148 thereof. In default of payment of fine, they were directed to suffer additional rigorous imprisonment for one year. Both the sentences were, however, ordered to run concurrently.
(2.) The case made by the Prosecution as disclosed in the complaint lodged by the mother of the victim which was treated as F. I. R. (Ext. l) may be abstracted thus: On May 31, 1994, at about 1 P. M. while the de facto complainant was going to bathe in the nearby pond outside the village, she found that the victim, who also went to the said pond, was surrounded by all the accused persons. Of those persons, Emadadul and Kawser had "hensua" in their hands while the other five accused persons had sticks with them. All the accused persons were present near the water on the southern side of the pond. According to the said F. I. R. , Emadadul and Kawser were striking the deceased with the "hensua" and Baharul Sk. and Evnasud Sk. held the victim. Witnessing the aforesaid incident, the de facto complainant started shouting, for help, as a result, Chanda Tudu, Anil Murmu, Riauddin, Abdul Bari and many other persons of the village came to the spot. When the "shouts increased", the accused persons ran away through the northern bank of the pond, after throwing the dead body of the victim in the pond.
(3.) On the basis of the aforesaid F. I. R. , the accused were charged under Sections 302/34, and 148 of the Indian Penal Code. The accused pleaded innocence.;