VISHNUDEO NARAYAN, Lakshman Uraon, JJ. - (1.) THIS appeal has been preferred by the appellants named above against the impugned judgment dated 30.8.1994 and the order dated 1.9.1994 passed in Sessions Case No. 209 of 1993/11 of 1993 by Sri Sita Ram Pandey, 3rd Addl. Session Judge, Dumka whereby and whereunder the appellants aforesaid were found guilty for the offence punishable under Section 302/34, IPC and they were convicted and sentenced to undergo RI for life. However, co -accused Mishar Rai and Lillu Rai were not found guilty and they were acquitted.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 7, Sabitri Devi, widow of Mathur Rai, the deceased of this case recorded by SI, K.D. Prasad of Jarmundi P.S. on 16.10.1992 at 10.45 hours at the house of the informant in Village Tharipathar, P.S. Jarmundi, District Dumka regarding the occurrence which is said to have taken place on 15.10.1992 at about 5.00 p.m. In the house of the appellants situate in Village Tharipathar aforesaid. The formal FIR (Ext. 4) was drawn on 16.10.1992 at 18.30 hours which was received in the Court of CJM Dumka on 17.10.1992. According to the prosecution case as averred in the fardbeyan (Ext. 3) of PW 7, the informant, Mathur Rai, the deceased of this case and husband of the informant was returning from Jarmundi after seeing off his son -in -law to his village Tharipathar and when he reached near the Bari of appellant Churaman Rai at about 5.00 p.m. on the day of the occurrence all the appellants named above - all of a sudden came there and appellant Churaman Rai, Lakshman Rai and Gourishankar Rai were armed with farsi, bhujali and khang respectively and they abused the deceased uttering that he has instituted a case against them so he should be dragged in the courtyard and done to death. It is also alleged that appellant Churaman Rai also called acquitted accused Lillu Rai and Mishar Rai who had hid themselves in the house of appellant Churaman Rai from before armed with lathi. It is alleged that all the three appellants and two acquitted accused persons dragged Mathur Rai, the deceased aforesaid in the courtyard of the house of the appellants and they were felling Mathur Rai in the courtyard for committing his murder and at that time Mathur Rai was raising alarms. It is alleged that on the alarms of Mathur Rai, his brother Kripali Rai (PW 8), Bhumlal Rai (PW 1), Rajendra Rai (PW 2). Sulachan Rai and several other persons of the village besides the informant (PW 7) and mother of Mathur Rai came there. It is alleged that the appellants along with the acquitted accused persons aforesaid were felling him on the ground and at that time appellant Churaman Rai gave a farsi blow on the forehead of Mathur Rai aforesaid causing injury thereon protruding the brain tissues and thereafter appellant Gourishankar Rai assaulted on the right arm, of Mathur Rai by Khang and Lakshman Rai gave a blow on his temporal by dab. It is also alleged that the person assembled there intervened in the occurrence and they brought injured Mathur Rai from the house of the appellants. It is also alleged that a number of persons also assembled in the lane in front of the house of the appellants. Injured Mathur Rai was brought to the Jarmundi Hospital with the help of the villagers where doctors were on strike and finding the condition of Mathur Rai serious, BDO, Jarmundi sent him to Deoghar Sadar Hospital for his treatment on his jeep along with PW 8, Kripali Rai and others and Mathur Rat aforesaid succumbed to his injuries at Deoghar Sadar Hospital soon after his arrival. It is alleged that the informant returned to her house for making arrangement of money where SI, K.D. Prasad came and recorded her fardbeyan (Ext. 3).
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claimed themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity which is existing and alive between them at the instance of PW 1, Bhumlal Rai. It has further been contended that Mathur Rai has been done to death by some unknown persons in the way while he was returning to his house from Jarmundi.;