- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 12thJuly, 2004 and 14thJuly, 2004 respectively passed by the then Additional District Judge (Fast Track Court) Sahibganj in Sessions Case No.2/2004, whereby and whereunder the Court, having found the appellants guilty for committing murder of Talu Soren, convicted them for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and sentenced each of them to undergo R.I for life for the offence punishable under Section 302 and further to undergo R.I for one year for the offence punishable under Section 201/34 of the Indian Penal Code.
(2.) THE case of the prosecution, as has been made out in the fardbeyan (Ext.2) of the informant Beti Moy Hembrom, is that her fatherinlaw had three sons namely, Lal Soren, Talu Soren (deceased) and one Manje Soren. Talu Soren when married to the informant Betti Moy Hembrom (P.W.1), informant started living together along with the fatherinlaw and brotherinlaw.
(3.) WHEN they started living together, altercation in between her husband (deceased) and fatherinlaw and other sons of the fatherinlaw took place. Thereupon, the deceasedTalu Soren alongwith his wife started living separately. In spite of that there had been some altercation in between the parties as the properties had not been partitioned. Appellant no. 3Babooji Soren, who happened to be the Gotia of the informant's fatherinlaw, used to tell her husband that he will not give any share or any article in the property of his father.;