- (1.) Both the accused/appellants stand convicted for the offence under Section 302 of the Indian Penal Code and sentenced to under go Life Imprisonment by the judgment of conviction dated 23.12.2003 and order of sentence dated 24.12.2003 passed by Sri Ibrar Hassan, Sessions Judge, Koderma in Sessions Trial No. 68 of 2001 | Sessions Trial No. 69 of 2001. They have therefore preferred the instant appeal.
(2.) The Informant- Lato Mahto is the son of the deceased Laljit Mahto who gave his fardbeyan on 11.10.2000 at 10.00 a.m. before the Officer In-charge of Satgawan Police Station under the District Koderma, which lead to the institution of F.I.R being Satgawan P.S. Case No. 40 of 2000 under Section 302/34 of the Indian Penal Code. The case of the prosecution as unfolded through the fardbeyan of the informant inter-alia alleges that the informant- Lato Mahto has a plot on the western side of Pahari Nala at village Jogidih Badhar. On the northern side of his plot there is 'gairmajarua' land cultivated by the accused- appellant Lalo Singh and Lukhari Singh. Four days prior to the recording of the fardbeyan, Lalo Singh was ploughing the field and Lukhari Singh who was cutting the ridge entered into the field of the Informant. Laljit Mahto-deceased, father of the Informant was also ploughing the field and the Informant and his brother Prabhu Mahto were removing grass therefrom. When Lukhari Singh entered into the field of the informant then father of the informant protested but he was abused by both the accused persons and there was a quarrel between the parties. Mahabir Mahto who was working in the adjacent field came there and intervened, as a result of which no assault took place but both the accused persons threatened to kill Laljit Mahto. The Informant and his family members did not take the threat seriously.
(3.) It is further alleged that since the last 3/4 days before the alleged occurrence Laljit Mahto used to collect cow dung at night for the purpose of manuring the field and used to sleep over the Machan standing over the plot. In the night of 10.10.2000 at around 8.00 p.m the Informant took meal of his father to the field and while Laljit Mahto was taking meal at the Machan, the Informant went to bring water from the side of the Nala situated about 20 yards on the eastern side of the Machan. But when he was returning with the water, accused Lukhari Singh holding farsa and Lalo Singh holding Bhala came from the neighbouring Ahar and went to the Machan. They dragged Laljit Mahto from Machan and forcibly brought him on the 'gairmajarua' land situated near the Nala and there Lukhari Singh assaulted him with farsa as a result of which his head got fractured and he fell down. Lalo Singh poked bhala in his stomach. Lukhari Singh again gave farsa blow on his cheek, which resulted in a cut and by that time Lalo again gave bhala blow on the thigh of the Informant's father. Informant's father, after initial scream, on account of several assault and bleeding fell unconscious. Thereafter, the Informant reached there and assaulted Lukhari Singh with bucket. Lalo also threw his bhala upon the Informant but it did not result in any injury. At that time, it was moon lit night. The informant thereafter ran away from there by raising alarm. Then Mahabir Mahto and Mantu Mahto who were irrigating their paddy fields also came here and thereafter the informant along with them rushed towards Pahari Nala thereafter Lukhari Singh and Lalo Singh fled away towards their village hurling abuses. Mantu Mahto and Mahabir Mahto both had seen both the accused running away and had also identified them. Informant and others thereafter came back to his father who was found dead. Since, it was late at night and there was enough water in Sakari river, Informant could not go to the Police Station in the night but on some information the Police came in the morning and thereafter, the instant fardbeyan was recorded at 10.00 a.m.;