DEBASISH KAR GUPTA , J. - (1.) These appeals are directed against the judgment, order of conviction of the appellants dated January 30, 2004 and sentence dated January 31, 2004 passed by the learned Additional Sessions Judge, 1st Court, Purulia in Sessions Trial No.44 of 1996 arising out of Session Case No.50 of 1996.
(2.) One Nil Kamal Mahato (PW 1) son of late Chamak Mahato of village - Chatumadar, Police Station -Hura, District -Purulia submitted a written complaint dated June 29, 1994 at 08.25 hours in Hura Police Station, District -Purulia, that at about 07.00 hours on the aforesaid day PW 1 with his father Chamak Mahato (since deceased), his mother Jhabe Mahato (since deceased), his elder brother Khudiram Mahato were ploughing the field with buffaloes located at eastern side of Chatumadar at Kadam Bahal, Police Station -Hura, District -Purulia. The appellants and one Dibakar Mahato (since deceased) came there and directed them to vacate the above field.
(3.) They disagreed. Then the appellants and the aforesaid Dibakar Mahato (since deceased) attacked them with arms, namely, tangi (a kind of axe), tabla (sickle -shaped weapon), gaji kurul (a kind of axe), bhojali (dagger), dowli (a sickle -shaped cutting weapon) etc. The appellants and the aforesaid Dibakar Mahato (since deceased) committed murder of the aforesaid Chamak Mahato and the above Jhabe Mahato. They also assaulted Khudiram Mahato, the elder brother of the PW 1 on his head as also on his back side with the help of axe. His aforesaid elder brother (PW 16) was limping. Then PW 1 was assaulted on his back and thigh. As appellant Haradhan Mahato assaulted PW 1 with the help of a "tangi" he moved away from the field and witnessed the entire aforesaid incident standing on the "Aal" (a ridge of earth set up around a piece of the agricultural land in question). Hearing his hue and cry, Kamal Mahato (PW 15), Narayan Mahato (PW 4) rushed to the place of occurrence. The father of the PW 1, Chamak Mahato and his mother Jhabe Mahato were found dead.;