- (1.) This appeal has been preferred by the appellants Meghan Mahato and Dasrath Mahato against the judgment and order of conviction and sentence dated 29th April. 1994/2nd May, 1994, passed by the learned 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 21/1993, whereby and whereunder, they have been convicted and sentenced to undergo imprisonment for life under Section 302/34, IPC, with further sentence to undergo rigorous imprisonment for a period of three years under Section 324/34, IPC. Both the sentences were ordered to run concurrently.
(2.) At this stage, it may be mentioned that Meghan Mahato (A 1) is father of Dasrath Mahato (A 2). Chandar Mahato is the deceased, whose uncle is Meghan Mahato (A 1) and Dasrath Mahto (A 2) is the cousin brother of deceased, Puran Mahato (PW 9), the informant is brother of the deceased i.e. nephew of Meghan Mahto (A 1) and cousin of Dasrath Mahato (A 2).
(3.) The brief case of the prosecution, as per informant (PW 9) is that on 27th September, 1992 his cousin Mohan Mahato Pandey, son of Meghan Mahato and wife of the other cousin Dasrath Mahato started cutting grass in the joint land in the portion of informant's share situated towards north of his house. His (informant) sister Sahaba Devi (PW 7) forbed them from cutting grass from their side, whereon the other side started abusing. Thereafter the abuse took place between the parties. The next date i.e. on 28th September, 1992 in the noon, one Ojha came to the house of the informant for charming his sister by incantation iJharphook). At that stage, the informant found Galia Devi forbedding the Ojha from doing Jharphook and stated that he (Ojha) may do so (Jharphook) of all the villagers, but not the other party. On this issue, both the parties again started abusing each other which continued. Further case of the prosecution is that at about 6 p.m. of the said date (28th September, 1992) accused Meghan Mahto (A 1), uncle of informant started abusing the family members of the informant and asked as to why they objected in cutting the grass. The informant asked the accused Meghan Mahato not to abuse and further stated not to cut grass from their side in future. Accused Meghan Mahato continued to abuse them with filthy language. At that stage, the father of informant Tukan Mahato (PW 6) forbided his brother Meghan Mahato, whereon Meghan Mahato also abused him. By that time, the brother of informant Chandar Mahato (since deceased) came and asked Meghan Mahato not to abuse and demanded to return back Rs. 100/- given by him as loan to the accused Meghan Mahato. In the meantime. Dasrath Mahato, son of Meghan Mahato reached there and asked them to come out to settle the matter and started abusing. The brother of informant Chandar Mahato then came out of his house and asked them not to abuse. In the meantime, both the accused persons Dasrath and Meghan Mahato came out running with swords in their hands. Accused Meghan Mahato (A 1) instigated his son Dasrath Mahato (LALKARA) and said what do you see, kill him (DEKHTE KYA HO MAAR DO). Then accused Dasrath Mahato (A 2) started murderous attack with sword on the neck of Chandar Mahato, which was cut. He fell down and died instantly. Seeing the situation, the informant ran to save Chandar Mahato, accused Meghan Mahato (A 2) again instigated his son Dasrath Mahato saying "what do you see kill him also". Thereon accused Dasrath Mahato (A-2) made murderous attack with his sword with full force on the neck of informant. The informant in a bid to save himself tried to ward off the attack by stretching right hand in course of which, the informant received cut injury in his right hand between elbow and wrist and blood oozed out profusely from the injury.;