SHIVAKANT PRASAD, J. - (1.) This appeal is directed against judgment and order dated September 14, 2006 and September 15, 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Jhargram, in Sessions Trial Case No. XXVII/January/2006 convicting the accused appellants and sentencing them to imprisonment for life and fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for three years each for the offence punishable under Section 302/34 of the Indian Penal Code.
(2.) On 08.11.2000 at about 10.45 A.M. when Suresh Chandra Sahoo @ Badal Sahoo was returning to his house from Nota village by riding a bi-cycle, he was attacked by Kumar Khamri, Sudan Dandapat and Dulal Dandapat, armed with bhojali, tangi and revolver, on the east side of Baldi Junior High School. The accused Kumar Khamri fired from his fire arms at the victim and thereafter all accused persons struck on the victim by their 'bhojali ' and 'tangi. ' As a result he died on the spot. On being protested by the prosecution witnesses, accused persons chased and held out threat on them with dire consequences. Many people came there on alarm being raised by the witnesses. The accused persons snatched away money and some papers from the pocket of the victim and fled away with the bi-cycle. It is also alleged that the father of accused no. 1 Nagen Khamri made conspiracy of this murder and fled away elsewhere. The accused persons namely Kumar Khamri S/o. Nagen Khamri, Sudan Dandapat S/o. Mathur Mathur Dandapat and Dulal Dandapat S/o. Dhananjoy Dandapat belong to Akna village. Ananta Kumar Senapati, Birendra Nath Mahapatra, Hariram Doloi and Krishna Prasad Tarai are witnesses to the occurrence whose names appear in the FIR.
(3.) Witness No. 1 is the teacher of Baldi Junior High School. Witness No. 2 is a peon of said School. Witness No. 3 belongs to village Nota and witness No. 4 belongs to village Dangra. It is also alleged that many students and teachers of the school had witnessed the incident.;