- (1.) By Court. All these appeals arising out of a common judgment and were heard together and are being disposed of by this common judgment.
(2.) These appeals arising out of the judgment dated 19.02.2003 passed by Sri R.G. Singh Nagesh. learned 1st Additional District & Sessions Judge, Latehar in S.T. No. 49 of 2002 convicting the appellants under Sections 302/34 and also under Section 120-B of the Indian Penal Code. For the offence under Section 302/34 R.I. for life and fine of Rs. 5,000/- (Five thousand) each and in default of payment of fine further R.I. for one year was imposed. R.I. for one year was imposed for the offence under Section 120-B of the Indian Penal Code. The sentences were run concurrently.
(3.) The prosecution case in short is that PW-7 Sohrai Paswan, Police 'chpukidar gave statement at about 11 a.m. on 19.10.2001 before the Officer-In-charge Barwadih Police Station to the effect that when he was going to attend his duty, he learnt that three persons were killed. On this information, he reached village Khuta where the villagers told him that Raj Kumar Singh, his wife (Chinta Devi) and 11 years old girl child (Geeta Kumari) were murdered by using sharp cutting weapon. The reason for the incident was told to be the land dispute between the deceased and the family members of his first wife. The family members of the first wife had threatened last year that they will not allow to harvest the crop in the next year and. therefore, before harvesting, all the three accused persons have been murdered between the night of 18/19.10.2001. On the said statement, the FIR was lodged against unknown.;