- (1.) THIS appeal is directed against a judgment dated 17th March 2004 passed by the learned additional Sessions Judge, Fast Track Court, Purulia, in Sessions Trial No. 26 of 2003 arising out of Sessions Case No. 96 of 2001 convicting the appellants namely Brihospati Mahali, Kalipada mahali and Harbara Mahali under section 302 read with section 34 of the Indian Penal Code and an order dated 18th March 2004 by which the aforesaid convicts were sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 5000/- each, in default to suffer further rigorous imprisonment for one year. Rest of the accused were acquitted. The convicts have come up in appeal. Briefly stated the facts and circumstances are that there was a dispute as regards title in respect of a piece of land which according to the case of the accused persons had been transferred by the deceased to Agnu Mahali, father of the accused Harbara Mahali. The deceased Dukhu however appears to have been in possession thereof. On 22nd July 1993 in the morning at about 8 a. M. when the deceased was cultivating the said piece of land, the appellants armed with deadly weapons reached the spot and picked up a quarrel. The deceased out of fear took to his heels. He was chased and killed on the spot. P. W. 1 Janaki, widow of the deceased and the P. W. 5 Kalabati, daughter of the deceased are the eyewitnesses. The Baligara P. S. is at a distance of 20 K. M. from the place of occurrence. A written complaint was lodged on 22nd July 1993 at 12. 55 hrs. implicating the accused persons. The motive of the accused persons is established by the trend of cross-examination and suggestions given to the witnesses of the prosecution. P. W. 1, the widow of the deceased in her cross-examination deposed as follows:- "i did not handover any paper to the police relating to the said land in question. The name of the father of the accd. Harbara Mahali is Agnu Mahali. Agnu died long ago. Not a fact that my husband transferred his right title (illegible) and possession in respect of the land at Dungri Tar to Agnu Mahali by a registered deed of sale. " P. W. 2 deposed in the cross-examination as follows: "i do not know that whether Agnu Mahali purchased the said land in question in the year 1973 or not. I have no idea as to who used to possess the said land in question. " P. W. 3 was suggested as follows:- "not a fact that the land in question was purchased by Harbara's father from dukhu. " P. W. 7 a Sub-Inspector of Police deposed that he made a requisition to the BLLRO-II, purulia, to ascertain the actual ownership of the land in question, in pursuance whereof he received a report which was tendered and marked Ext. 5. The report goes to suggest that the Rayats of the land in question were both Agnu Mahali and the deceased Dukhu Mahali. As regards the actual incident, the P. W. 1, widow of the deceased, an eyewitness, deposed as follows: "i along with my husband and daughter were cultivating in our land. The said land called Dungri Tar. At that time Brihaspaty Mahali, Kali Mahali and Harbara Mahali came on our land. Brihaspaty was carrying a Tabla in his hand. Kalipada was holding a sword, harbara was holding an axe and they asked us as to why we were cultivating on the said land. My husband told them that the land belong to his father and at that time they told us that they would not allow us to cultivate in our land. At that time Brihaspaty attacked my husband with a Tabla on his head behind the school near to our land.
(2.) THE accd. Persons gheraoed my husband. The persons who gheraoed my husband, I cannot say their names at present moment but I can identify them, they are present today in court and identified. My husband after sustaining injury fell on the earth and he succumbed to his injuries there. " p. W. 5, daughter of the deceased, deposed as follows: "i along with my parents were cultivating in our land. At that time Brihaspaty mahali, Kali Mahali, Harbara Mahali came at our land and asked us to stop cultivation. Kali Mahali had a sword in his hand and Harbara was carrying an axe and brihaspati had tabla in his hand at that time.
(3.) ON hearing their threatening while we were running away at that time near the school Brihaspaty hit my father with a tabla on his head and other two persons gheraoed my father at the time of said attack. Because of such attack on the head of my father he died on the spot. I narrated the incident to Partha and Sultan. Brihaspati, Harbara and Kala are present today in court and identified. ";