LAKSHMAN URAON, J. - (1.) BOTH these criminal appeals arise out of the common judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Sahibganj, in Sessions Case No. 129 of 1995; hence both of them have been heard together and the common order, passed by this Court, will govern both the criminal appeals.
(2.) APPELLANT Madhusudan Datta (Cr.Appeal No. 277 of 2001) has preferred the appeal against the judgment and order of conviction and sentence dated 25th May, 2001 and 28th May, 2001, respectively, whereby and whereunder he has been convicted under Section 302 read with Section 109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants in Criminal Appeal No. 293 of 2001 have preferred the appeal against their conviction under Section 302/149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life. The prosecution case is based on the fardbeyan (Ext. 8) of the informant Md. Rajjak Ansari (PW
(3.) ), recorded on 26.10.1994 at 22.00 hours at Village Fulbhanga by SI B.B. Singh (not examined). The informant Md. Rajjak Ansari had gone to Logai Hatia on 26.10.1994 (Wednesday) to purchase vegetables. At about 4.30 p.m. Rugna Hasda (appellant No. 1 in Cr. Appeal No. 293 of 2001) beating Dugdugi, gave a round of the market. Thereafter, he went to the mukhia of Panchkathia Gram Panchayat, namely, Madhushdan Datta (Appellant in Cr. Appeal No. 277 of 2001). As indicated by the mukhia Madhusudan Dutta, appellant Rugna Hasda along with his associates went towards west of the hill and looted the beef -sellers. About 70 to 80 persons asembled there, armed with lathi, farsa, and arrows. Out of fear the persons, who had gone to Logai Hatia, fled away. The informant saw that the mob, all of a sudden started assaulting four persons, who had assembled. He identified the son of Udhu Manjhi of Logai and Daku Tudu (appellant No. 2 in Cr. Appeal No. 299 of 2001) assaulting with lathi and rod to Sahid Ansari, Sahid Ansari when raised alarm to save his life the informant rushed there. He was assaulted with lathi and rod. He and his father both sustained bleeding injuries. He further saw Bojan Tuddu, Sagar Soren, Jugu Hembrarn, Ram Das Hembram, Ingru Hembram, Loga Hasda, Birju Lal Soren (appellant No. 3 in Cr. Appeal No. 293 of 2001) assaulting Sattar Mian, Zunab Ali and Rahmatullah. They also dragged them towards the hill. They also assaulted many others, who out of fear fled away. Later on the informant heard and his villager Rahmatullah Momin was admitted in hospital in a seriously injured condition, lying unconscious. He also came to know that Soma Momin and Sahid Momin were also in the hospital in injured condition. Juneb Ali Momin was murdered at the spot on the hill. Sattar Mian was traceless. The alleged occurrence took place only because the rioters did not want the sale of beef on the hill near the market place. 4 The learned Additional Sessions Judge, Sahibganj, framed charges against eleven accused persons for the offences under Sections 302/149, 307/149 and 148 of the Indian Penal Code. Madhusudan Datta along with Rugna Hembram were further charged under Section 302/109 of the Indian Penal Code for abetting murder of Juneb Ali, Rahmatullah Momin and Abdul Sattar.;