SHIB SADHAN SADHU, J. - (1.) THE instant appeal has been preferred by the appellants/convicts Dukhaharan Singh Mura and Bibhisan Singh Mura being aggrieved by and dissatisfied with the judgment and order of conviction passed by the Learned Sessions Judge, Purulia in Sessions Case No.31 of 2000/ S.T.No.6A of 2001 on 04.05.2002/06.05.2002 holding the appellants/convicts guilty and thereby convicting them for committing an offence punishable Under Section 302 of the Indian Penal Code read with Section 34 IPC and sentencing them to suffer Rigorous Imprisonment for life. They were also found guilty and convicted for committing an offence punishable Under Section 326 of the Indian Penal Code read with Section 34 I.P.C. and were sentenced to suffer Rigorous Imprisonment for 5 years. However, both the sentences would run concurrently.
(2.) A brief resume of the prosecution case emerging from the F.I.R. is that the de facto complainant Dubraj Singh Mura is a resident of Ajodhya Tola Gardih under Police Station Bagmundih, District Purulia. On 11.09.1995 at about 10 P.M. his younger brother Ramdhan Singh Mura and his son Buddheswar Singh Mura were returning home from the paddy field after inspecting the same. When they reached near the house of his elder brother Dukhaharan Singh Mura, then Dukhaharan Singh Mura and his two sons, namely, Sukhdeb Singh Mura and Bibhisan Singh Mura being armed with bows and arrows, Bhojali and Daoli attacked Ramdhan and assaulted him causing serious injury and he fell down. They also assaulted Buddheswar causing fatal injuries. Ramdhan died on the spot. On hearing hue and cry the de -facto complainant came out and witnessed the incident. Buddheswar somehow reached their house running with fatal injuries. Being frightened of the accused persons they could not go to the place of occurrence. In the following morning the villagers came and information was sent to Biswanath Murmu. The de -facto complainant had asked his son Sambhu Nath Singh Mura and Sikari Singh Mura to inform the police station. The de -facto complainant further alleged that some notices were issued in respect of some of their inundated lands in Kuchri Rakha Mouza, which were retained by his elder brother Dukhaharan Singh Mura. His brother Ramdhan and son Buddheswar demanded their notices from Dukhaharan Singh Mura and out of that grudge the accused persons had killed Ramdhan and assaulted Buddheswar causing grievous injuries to him. The de -facto complainant thereafter lodged a written complaint on the basis of which Bagmundi P.S. Case No.67/95 dated 12.09.95 under Sections 302/326/307/34 I.P.C. was registered. That case was investigated into and on completion of investigation charge sheet was submitted against the three accused persons, namely, Dukhaharan Singh Mura, Sukhdeb Singh Mura and Bibhisan Singh Mura under Sections 302/326/307/34 I.P.C. Before commitment of the case the accused Sukhdeb Singh Mura had died and the case was filed against him.
(3.) THE Learned Trial Judge on appearance of the accused Dukhaharan Singh Mura and Bibhisan Singh Mura and on perusal of the materials available on record including the police papers as well as upon hearing the Learned Counsel for the parties framed charge against both the accused persons under Section 302/34 I.P.C. and also under Section 326/34 I.P.C. The charges were read over and explained to the accused who however pleaded not guilty and claimed to be tried.;