- (1.) This appeal arises out of the judgment and order of conviction and sentence dated 23.01.1991 and 25.01.1991 respectively, passed by the learned Additional Sessions Judge, Pakur, Sabihganj in Sessions Trial No. 286 of 1986/12 of 1990, arising out of Taljhari P.S. Case No.02 of 1985 corresponding to G.R. No.27 of 1985 convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life.
(2.) The prosecution case in short is that on 21.01.1985 the informant PW-2 lodged a fardbeyan to the effect that when he was going along with PW-1, PW-3 and the deceased, the appellants surrounded them and started beating them by lathi causing several injuries. Thereafter, the villagers tied them with rope and produced before the Pradhan of the village where after some time (deceased) Surja Paharia died.
(3.) The prosecution examined altogether four witnesses. PW-1 is the son of the informant, PW-2 is informant, PW-3 is wife of the informant and PW-4 is a formal witness.;