- (1.) By Court Both these appeals arise from the common incident but from different judgments. Cr. Appeal No.1575/03 arises from the judgment dated 4.9.2003 passed by the learned 1 st Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 273 of 2001/37 of 2003 convicting the appellants under Sections 302/34 I.P.C. and sentencing him to undergo R.I. for life.
(2.) Cr. Appeal No.117 of 2008 arises from the judgment dated 30 th November, 2007 passed by the learned 1 st Additional Sessions Judge, Bermo at Tenughat in S.T.No.273(A)/2001 convicting the appellant under Sections 302/34 I.P.C. sentencing him to undergo R.I. for life.
(3.) The prosecution case in brief is that P.W. 3 (Md. Nijamuddin Ansari) lodged his Fard Bayan on 7.6.2001 at about 9 a.m. before the police that he along with his father Ahmad Ansari (deceased) and cousin Ajimul Ansari (P.W.2) were going to plough their field. When Ahmad Ansari started ploughing the field, the appellants surrounded him having 'Tangi' in their hands. Appellant Matlu Singh inflicted 'Tangi' blow on the neck of Ahmad Ansari due to which he could not run and fell down then other appellants started inflicting 'Tangi' blows. The informant was afraid and raised alarm on 2. which the villagers assembled. Some of the villagers have seen the appellants inflicting injuries. The motive of alleged incident was that the appellants had suspicion that the informant party used to elope the cattle.;