- (1.) THE appellants were put on trial on the accusation of having formed an unlawful assembly committed murder of Basudeo Sundi and also on the charge of causing injuries to seven persons. However, the trial court having found the appellants guilty for committing murder of said Basudeo Sundi convicted all of them for the offence punishable under Section 302/149 of the Indian Penal Code only, vide its judgment dated 25.3.2004 and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - and in default to undergo simple imprisonment for one year.
(2.) BEFORE proceeding with the matter, it would be pertinent to mention that this case as well as Cr. App. (S.J.) No. 664 of 2004 preferred by the persons, who were witnesses to the case which has given rise to this appeal were heard together simultaneously as in the same transaction the occurrence which is subject matter of this appeal and the occurrence which is subject matter of Cr.App.(S.J) No. 664 of 2004 had occurred. However, the judgments are being delivered separately. The case of the prosecution as has been made out in the FIR is that on 5.5.1991 at about 5 a.m. while Bishun Sindi was on the road in front of his house, the appellants, nine in number as well as Ashok Thakur and Punit Thakur (cases of both the persons were separated) came variously armed and started assaulting him. When he raised alarm, Basudeo Sundi (deceased), Cholo Sundi (P.W. 6), Sahdeo Prasad (P.W. 7), Nandlal Prasad @ Nandlal Sundi (P.W. 2), Sukri Devi (P.W. 3), Yasoda Devi (P.W. 4) came to rescue him but they were also assaulted by lathi, spade and sword, as a result of which, they received severe injuries. The appellants after assaulting them, fled away. Thereupon the informant Bishun Sundi (P.W. 5) and other injured including Basudeo Sundi came to Koderma Hospital where in course of treatment Basudeo Sundi died.
(3.) ON getting such information, Ram Prakash Tiwari (P.W. 10), Sub -Inspector of Police posted at Koderma Police Station came to the Hospital where he recorded the Fardbeyan (Ext. 4) of the informant, who narrated about the incident as has been stated above. He further stated that the accused persons did commit offence as the land dispute was going on in between them and the accused persons.;