- (1.) These two appellants were found guilty for committing the offence under Sections 304-II/34 of the Indian Penal Code and were sentenced to undergo R.I. for a period of ten years by the 2nd Additional Sessions Judge, Deoghar by judgment dated 26th August, 1991.
(2.) The prosecution case, in brief, is that on 27-9-1985 at about 8 a.m. the she-goats of the appellants were grazing the paddy crop in the field of the deceased, Mori Mahra, and therefore were driven out. In the evening, the deceased Moti Mahra went in the village in order to collect the co-villagers for lodging complaint against the accused persons to the effect that they often allow their she- goats to graze his paddy fields. While the deceased was returning towards his house, it is said that the appellants surrounded him and started assaulting him in the lane near the house of the deceased, Moti Mahra. The occurrence is said to have witnessed by Mohan Mahra, Baldeo Mahra and others, it is said that the appellants assaulted the deceased, Moti Mahra with 'lathi' on his head as a result of which he fell down and became unconscious on the ground. Thereafter the deceased was taken to his house and on the next day he was taken to the Hospital for his treatment but he succumbed to the injuries. 2-A. In all eight witnesses were examined on behalf of the prosecution. Out of them P.W. 7 and P.W. 8 were the formal witnesses, P.W. 1. P.W. 4 are the full brothers of the deceased, P.W. 2 is the widow of the deceased and P.W. 5 and P.W. 6 are two other eye-witnesses to the occurrence, P.W. 3 is the Doctor, who conducted the post-mortem examination of the deceased.
(3.) P.W, 1, Bahadur Mahra, who is an eye-witness to the occurrence, has specifically stated that the appellant No. 1 Arjun Mahra assaulted the deceased. Moti Mahra on his head by means of lathi due to which he fell down and thereafter the appellant No. 2, Dwarika Mahra assaulted him by means of'lathi' and 'fists and slaps';