VISHNUDEO NARAYAN, J. - (1.) THE appellants named above have preferred this appeal against the impugned judgment and order dated 3.4.1992 passed in Sessions Trial No. 183 of 1987 by Smt. Shakuntala Sinha, 7th Additional Judicial Commissioner, Ranchi whereby and whereunder they were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext.5) of P.W.5, Bhawaneshwar Mahto, the informant and the son of Ganesh Mahto who is the deceased of this case, recorded by S.I., B. Singh, Sonahatu P.S. on 30.6.1986 at 17.00 hours at village -Telawadih regarding the occurrence which is said to have taken place on that very day at 9.00 hours in village Telawadih aforesaid in which Ganesh Mahto was done to death. The formal F.I.R. (Ext. 4) was drawn on that very day at 20.00 hours and on its basis the case was instituted against the appellants. The prosecution case, in brief, is that the informant in the company of his father was getting his land ploughed for sowing paddy by his two ploughmen, namely, P.W.1, Sudhu Mukhiyar and Nand Lal Mukhiyar (since dead) at about 9.00 hours on 30.6.1986 and the said land situate in Paramojoria Mauza was in possession of the informant which was acquired by registered sale deed by her mother, Rasu Devi executed by her father, Dukhit Mahto, deceased who was resident of village -Telawadih. It is alleged that all the appellants aforesaid variously armed with 'Lathi ' and 'Farsa ' came there and prevented them from ploughing the said land and abused them and uttered to kill them by assaulting by 'Lathi ' and 'Farsa ' and at this the informant and others protested to them. The prosecution case further is that appellant, Hari Das Mahto started assaulting the informant by 'lathi ' indiscriminately on his head which caused bleeding injuries on the head of the informant, who escaped away from there and stayed at some distance and thereafter appellants, Sukhdeo Mahto @ Sukhu, Asharam Mahto and Pashua Mahto surrounded his father Ganesh Mahto and felled him on the ground and appellant, Hari Das Mahto severed the neck of Ganesh Mahto by 'Farsa ' as a result of which he died at the spot. It is also alleged that appellant, Asharam Mahto also assaulted Rasu Devi who had come to the place of occurrence by 'Lathi ' causing bleeding injury on her head. Lastly it has been contended that both the ploughmen aforesaid besides Balo Mahto and others have witnessed the occurrence.
(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case due to enmity and the land in question is in possession of the appellants.;