Rajarshi Bharadwaj, J. - (1.) This appeal arose out of a judgement and order dated 6th July, 1984 passed by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case no. XX of April, 1983 convicting the accused/appellants under Section 304(II)/149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and also convicting them under Section 148/326/149/323/149 of the Indian Penal Code but no separate sentence was imposed on the appellants.
(2.) The prosecution case in brief is as follows:
(3.) Plot no. 542 of Mouza Balibundh, P.S. Jamboni was a big plot of land having an area of 1.99 acres. 42 decimals out of plot no. 542 of Mouza Balibundh was the bone of contention between the parties. According to the prosecution, the said 42 decimals of land was being cultivated by the deceased Bibhuti Mahato and his brother Hare Krishna Mahato since long time. They claimed the land to be their ancestral property. It was further claimed by them that since the land was declared to have been vested to the State, the de-facto complainant Ajit Mahato, son of Hare Krishna Mahato had applied for settlement of the land along with Chatur Mahato and Deben Mahato, being the accused nos. 1 and 2 respectively before the local Junior Land Reforms Officer. The office of the J.L.R.O. demarcated the boundary of the land and allowed them to continue in possession along with others. It was alleged that on the day of the incident, i.e. 11th June, 1981, while the de facto complainant Ajit Mahato along with the members of his family had been engaged in transplanting paddy in the disputed land at about 11.30/12 noon, the accused persons along with others arrived at the land standing on the north of the said plot. It was further alleged that those persons were carrying tangi, tabla, axe, lathi, bows and arrows and those persons suddenly attacked them. The de facto complainant Ajit Mahato and his father, elder uncle and cousin brothers began to flee away towards south, but the assailants surrounded them and accused Chatur, Deben and Nalini assaulted his father Hare Krishna, elder uncle Bibhuti and two cousin brothers Sarat and Ashutosh with the weapons which they were carrying. The de facto complainant and others raised alarm and the villagers arrived there. On seeing the villagers arrived the accused persons fled away towards the jungle. Bibhuti and Hare Krishna fell down on the ground being unconscious. The injured persons were brought up from the field and taken under a Mahul tree. Therefrom they were shifted to Chilkigarh P.H.C. by bullock cart. Some of the injured persons were detained there for treatment but Bibhuti was shifted to Jhargram hospital as his condition was very serious. Bibhuti expired at Jhargram hospital on the next Thursday. Subsequently, the de facto complainant accompanied by Dharani Mahato (P.W.15) reached Jamboni Police Station and submitted a written complaint.;