- (1.) THE appellants have been convicted by learned Additional Sessions Judge, Pakur under section 302/149 IPC and sentenced to undergo rigorous imprisonment for life. They have been also convicted under Section 307/149 IPC and Section 148 IPC and have been sentenced to undergo R.I. for seven years and three years respectively. The sentences are to run concurrently. The prosecution case, based on the fardbeyan of Mini Besra (P.W. 6), in brief, is that in the morning of 21.9.1998 deceased Marang Hembram along with his two sons, Suleman Hembram (P.W. 5) and Bajal Hembram (P.W. 7) was ploughing land situated at Mouza Pokherya, Manjhee Tola, P.S. Maheshpur, District Pakur. All of a sudden the appellants along with other persons arrived there variously armed and started assaulting them. One of the accused, namely, Piru Som Besra hurled a Lathi blow on the deceased, as a result thereof he fell down on the ground. Piru Som Besra thereafter caught hold of his head and Chhote Besra caught hold of his legs and Ramlal Besra severed neck of the deceased by inflicting Farsa blow. Informant claimed that he had witnessed the incident and raised alarm whereupon villagers had assembled and the accused persons had runaway. The reason behind the occurrence is said to be dispute between the deceased and the appellants regarding the land of the father -in -law of the deceased. The deceased claimed the land as Gharjamai whereas accused persons were claiming as agnates of father -in -law of the deceased. The incident was reported to the village Pradhan and thereafter to the local police.
(2.) ON receiving the report, the Officer -in -Charge of Maheshpur P.S. went to the village and recorded the statement of Miru Besra (P.W. 6) in presence of the villagers including village Pradhan (P.W. 3). The police prepared an inquest report, seized weapons and the blood stained soil from the place of occurrence and referred the injured P.W. 5 and P.W. 7 to hospital for their treatment. The case was registered as Maheshpur P.S. Case No. 85 of 1998 u/s. 147/148/149/323/324/307/302 of the Indian Penal Code. The police after investigation submitted charge -sheet u/s. 302/307/148/149 of the Indian Penal Code against eight accused persons including the appellants.
(3.) THE charges were framed against the appellants and other accused persons under Sections 302/149 I.P.C., 307/149 I.P.C. and Section 148 I.P.C. to which the appellants pleaded not guilty and claimed to be tried.;