Shivakant Prasad, J. - (1.) This appeal is directed against the judgment dated 24th September, 2004 and order dated 25th November, 2004 convicting the appellants/accused persons and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for six months each.
(2.) Prosecution case in brief is that on 28/11/95 at 8 a.m. the complainant with Mathur Chandra Mahato of village Dang Dung, P.S. Baghmundi, along with his elder brother Bharat Mahato and others namely, Dibakar Mahato, Sristidhar Mahato, Bhanu Mahato, Gambhir Chandra Mahato, Hebor Mahato and Braju Ram Mahato went to village Saridih in the house of Birsingh Mahato, the M.P. of Purulia since a trouble broke out on 27th November, 1995 with a view to get the dispute resolved. While they were returning from the house of M.P. Beer Singh Mahato, at about 9-30 a.m. by riding their respective cycles, soon thereafter when they reached between Marchcha and Suisha High School, the accused persons namely Amarshigh Mahato, his brother Thakurdas and another brother Gokul, his associate Abhimonyu came out from the Bagun Khet of Loton Mukherjee armed with tabla, farsa,tangi and spear in their hand and attacked Bharat. At the time Bharat was attacked Shisthidhar and Gambhir were proceeding in front of Bharat and the complainant along with Brajaram were also proceeding at a distance of 10/25 cubics away from Bharat.
(3.) They saw that Bharat was stopped by Amar Singh and others and Amarsingh hit Bharat with a tabla on his neck and Thakurdas hit him on his head with a farsa and Abhimonyu also hit him with a spear. After sustaining injuries Bharat fell down on the ground and seeing the incident the complainant and others left the place out of fear and thereafter reached the place of occurrence after some time where some villagers had also assembled. They saw that Bharat was lying dead having sustained severe injuries on his face, head, neck and other parts of his body.;