LAKSHMAN URAON, J. - (1.) THE above appellants have named preferred this appeal against the judgment and order of conviction and sentence dated 3.7.97 and 8.7.97 respectively passed by the learned 1st Additional Sessions Judge, Chatra in S.T.No. 38/88, whereby and whereunder, all the appellants have been convicted under Section 302/149, 448 and 380 IPC and sentencing each of them to undergo imprisonment for life under Section 302/149 IPC. However, no separate sentence was passed for the offence punishable under sections 448 and 380 IPC.
(2.) THE prosecution case has arisen on the fardbeyan (Ext. 2) of Lilo Mahto, PW -9, son of the deceased, Sahdeo Mahto, recorded by K.K. Mishra, PW -10, of Etkhori P.S at village Petadauri on 28.6.87 at 12 noon regarding an occurrence which took place on 27.6.87 at 8 p.m. till 6.30 a.m. of 28.6.87. The FIR was. registered at 17.45 Hrs. on 28.6.87 and a formal FIR (Ext.3) was drawn against 20 persons. After investigation charge sheet was submitted against them under Sections 147, 148. 149, 302, 448 and 379, IPC. Charges were framed against all the twenty accused persons under Sections 149/302,448 and 380, IPC. In course of trial Dilo Yadav died, hence prosecution against him was dropped. The informant, Lilo Mahto, in his fardbeyan, Ext. 2, on which he signed, Ext. 1/2, has alleged that on 27.6.87 at 8 p.m. there was an alarm in the village that the appellant, Gopi Mahto, was assaulted in Pethrapur by another villagers. Soon thereafter, in the village a rumour was spread that Banwari Mahto and others with the help of other criminals assaulted Gopi Mahto. To take revenge, all the appellants armed with deadly weapons went to the door of Punit Mahto and abused him. Punit Mahto did not open the door rather he bolted it from inside. The assailants pelted stones on his house. The informant claimed to have identified all the twenty persons including these appellants who were armed with deadly weapons. The informant alongwith family members entered into his house out of fear and closed the door from inside. Those named accused -appellants are Ramdayal Yadav, Chandradeo Yadav, Mathura Yadav, Mahabir Yadav, Miser Yadav, Kisun Yadav, Manik Yadav, Nanhku Yadav, Liladhari Yadav, Litan Mahto, Jitan Mahto, Bisheshwar Mahto, Dhenu Mahto, Rajkumar Yadav, Bhim Yadav, Shambhu Yadav, Dilo Yadav (since dead), Gopi Mahto, Yugal Mahto and Jageshwar Mahto. They had formed an unlawful assembly and surrounded the house of the informant from all sides. In the morning of 28.6.87 at 6.30 a.m. the appellants who are named in the FIR started pelting stones on the house of the informant and uprooted the doors. The informant managed to escape and from a short distance he saw all the appellants pelting stones, uprooting door planks and breaking the wall of the house. After breaking the doors some of them entered into the room of his father, Sahdeo Mahto (since murdered) and started assaulting him. His father raised alarm to save his life but after five minutes his voice was silenced. The assailants uttered that he (Sahdeo Mahto) died. PW -1, Brahmdeo Mahto, who is disabled, informed the informant that his father, Sahdeo Mahto, was murdered inside the room. Thereafter, they dragged him out and laid him. on a cot. Thereafter, raising slogans of "Kali Ma Ki Jai" they gave round of the village and thereafter, towards South and North of the house of Budhan Yadav on the road leading towards the river, Barakar, the dead body was laid down. After causing murder of Sahdeo Mahto, they broke the wooden boxes and took away silver Hasuli weighing 2 K.G, silver chain four in numbers weighting 1 K.G valued at Rs. 9,000/ - cash Rs. 3500/ - and documents concerned with landed properties and fled away. They alleged occurrence took place only due to land dispute pending in between them. The assailants had threatened to cause murder and set the house in flames.
(3.) THE prosecution to substantiate the charge levelled against these appellants, has examined - three sons, three daughter -in -laws and brother of the deceased, who claimed themselves to be the eye -witnesses. They are PW -1, Brahmdeo Mahto (son of the deceased), PW -2, Gunjri Devi, PW -3, Sudama Devi and PW -4, Bindua Devi, all daughter -in -laws of the deceased. PW -5, Chaturi Mahto is the brother of the deceased. PW -6, Lakhan Mahto and PW -9, Lilo Mahto, (informant) both are -the sons of the deceased. PW -7, Shankar Prasad and PW -8, Nunu Mahto are the witnesses of the inquest -report. PW -10, Kalikant Mishra, is the IO. PW -11 is Dr. N.K. Addi, who conducted autopsy on the dead body of the deceased, Sahdeo Mahto and PW -12, Shambhu Prasad, is a formal witness who proved S.D. Entry No. 355 dated 28.6.87 entered at Itkhori P.S. in the pen and signature of the then Officer -in - charge, K.K. Mishra, Ext.6. The learned 1st Additional Sessions Judge, Chatra relied upon the evidence of PWs -1,2,3,4,5,6, and 9 as eye - witnesses, supported by the medical evidence of PW -11, Dr. K.K. Addi, and objective findings of the IO, PW -10, Kali Kant Mishra who prepared inquest -report of the dead body of Sahdeo Mahto on which PW -7, Shankar Prasad and PW -8, Nunu Mahto signed. Relying on their evidence the learned 1st Additional Sessions Judge, Chatra convicted all the appellants under Section 302/149,448 and 380 IPC and sentencing each of them to undergo imprisonment for life for the offence punishable under Section 302/149 IPC. However, no separate sentence against them under Sections 448 and 380 IPC was passed.;