Virender Singh, C.J. - (1.) VIDE our short order of even date the instant appeal partly stands allowed acquitting appellant -accused Kalachand Mahto of all the charges and converting the conviction of appellant -accused Bhagtu Mahto from Section 302 IPC to Section 304 Part -I IPC. We shall now enter into a detailed judgment.
(2.) BOTH the appellant (hereinafter to be referred to as accused only) along with their co -accused Jagdish Mahto were charged for the offence under Section 302/34 IPC and Section 307/34 IPC. Jagdish Mahto, however, died during the trial and the present two accused stand convicted for the aforesaid charge. They have been sentenced to undergo imprisonment for life under Section 302/34 IPC and rigorous imprisonment for five years under Section 307/34 IPC. Both the sentences are ordered to run concurrently. Aggrieved of the said conviction/sentence recorded by the learned trial court, they have preferred the instant appeal. Accused Kalachand Mahto is stated to be on bail as his substantive sentence was suspended by the Court. Accused Bhagtu Mahto is however in custody since the date of his arrest which turns out to be 12 years.
(3.) THE date of occurrence is 3rd of June, 1991 at about 6.30 A.M. and the first informant is PW Niranjan Mahato who alleges that accused Kalachand Mahto was ploughing their land (complainant) upon which his father Ritam Mahato and uncle Shyamlal Mahato (hereinafter to be referred to as 'deceased') tried to stop accused Kalachand Mahto from ploughing the land. In the meantime, accused Bhagtu Mahto and Jagdish Mahto came there and told the complainant side that accused Kalachand Mahto would plough the field as the field belonged to them which resulted into an altercation upon which accused Bhagtu said that they (complainant side) would not understand like this. It is then alleged that both of them (Bhagtu Mahto and Jagdish Mahto) went to their house and came at the spot with Tangi and lathi and then Bhagtu Mahto said that both should be killed upon which accused Bhagtu Mahto gave a Tangi blow to deceased which hit upon his neck resulting into causing injury to his shoulder (in common parlance ) and he fell on the ground. It is then alleged that accused Jagdish Mahto caused injury to Ritam Mahato with Tangi, consequently blood started oozing from from the injury and he also fell down. It is then alleged that thereafter, PW Niranjan Mahato ran away from the place of occurrence out of fear and told about the occurrence to his mother and Aunty (PWs) and then all went to the place of occurrence with the villagers. It is thereafter the deceased and Ritam Mahto were brought to the police station.;