- (1.) By Court All these appeals were heard together along with the criminal revision arising out of the same judgment, and are being disposed of by the common judgment.
(2.) These four appellants, namely, Anil Mandal, Mahendra Mandal, Rito Mandal and Bashki Mandal @ Basuki Mandal along with other accused persons, who are opposite parties nos. 2 to 20 in Criminal Revision, were put on trial on the accusation of committing murder of one Brikodar Singh in furtherance of their common object. Further one Nunlal Mandal (acquitted) and Mahendra Mandal stood charged under Sections 307 and 379 of the Indian Penal Code respectively. The trial Court while acquitting the accused persons, who are opposite parties nos. 2 to 20 in Criminal Revision of all the charges, found the appellants guilty for committing murder of Brikodar Singh and thereby recorded the order of conviction dated 20.01.2011 under Sections 148, 447/149, 341/149 and 302/149 of the Indian Penal Code and further the appellant -Mahendra Mandal was convicted under Section 379 of the Indian Penal Code and sentenced each of the appellants to undergo imprisonment for life for the offence punishable under Section 302/149 and further to undergo imprisonment for three years and also to undergo simple imprisonment for three months and further to undergo imprisonment for simple imprisonment for one month for the offences punishable under Sections 148, 447/149 and 341/149 of the Indian Penal Code respectively and the convict, Mahendra Mandal was further sentenced to undergo R.I. for three years for the offence punishable under Section 379 of the Indian Penal Code vide order dated 24.01.2011 and all the sentences were ordered to run concurrently.
(3.) The case of the prosecution, is that, on 23.02.2003 one Chowkidar -Damodar Turi gave information at about 9.15 a.m. before the Officer -in - Charge of Kunda Police Station that several villagers of village Naiyadih and Chitolorhia have assembled at 'Dayal Garden' in order to obstruct construction/repair of a boundary wall. On receiving this information Ras Bihari Paswan, S.I of Police (P.W. 11) came to the place of occurrence at about 10.05 a.m where it was informed to him by villagers that Brikodar Singh has been severely injured and has been taken to Sadar Hospital. There the I.O. - Ras Bihari Paswan (P.W. 11) did find the sign of repair/construction of boundary wall over the piece of land known as 'Dayal Garden'. He also found blood being spilled over the ground. It was informed to him by the villagers that at that place the accused persons have assaulted Brikodar Singh. The I.O did collect earth smeared with blood and seized it under seizure -list (Ext. 3). It was also informed that the accused persons had also assaulted one A.S.I -Ram Naresh Singh and after assaulting said Ram Naresh Singh and Brikodar Singh, the accused persons damaged the car bearing no. BR 51 - 5443 and one of the accused had taken away briefcase containing Rs. 60,000/ -.;