- (1.) These appeals are directed against the judgment of conviction and order of sentence dated 22.9.2008 passed by Additional Sessions Judge, Simdega in S. T. No. 57 of 2007 corresponding to Trial No. 37 of 2008, whereby and whereunder he convicted all the appellants under section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life. He further awarded a fine of Rs. 15,000/- against each of the appellants and in default of paying the said fine, directed them to undergo Simple Imprisonment for two months.
(2.) Since the aforesaid appeals arose from the same judgment of conviction and order of sentence, thus, are heard together and disposed of by this common judgment
(3.) Sans unnecessary particulars the case of prosecution in brief is that on 25.12.2006 at about 8 p. m. while the informant (Shital Sahu) was returning from his field, he heard the cry of his son Sanjay Sahu and then ran towards his house. It is further alleged that while returning, in the light of torch he saw that his elder son Dev Kumar Sahu, Rajesh Nag, Satish Nag and Sudarshan Sahu were fleeing from the back of his house armed with sword, lathi and farsa. It is further stated that on reaching the house, he saw dead body of his younger son Devendra Sahu lying in the courtyard. He saw injuries on the head of deceased Devendra Sahu. He further states that he could not find his second son, namely, Sanjay Sahu in the house. However, his dead body was recovered in the morning in presence of police from the filed of Puru Singh. It is stated that a week before the occurrence there was some altercation between Dev Kumar Sahu and Devendra Sahu in connection with paddy and wooden logs and at that time, appellant Dev Kumar Sahu threatened Devendra Sahu. Accordingly, it is stated that Dev Kumar Sahu along with other appellants had committed present crime.;