Virender Singh, C.J. - (1.) SINCE two of the appellants, namely, Arun Mandal and Rati Lal Mandal are in custody since March 2000, priority has been given to the instant appeal for its final consideration. It also needs to be mentioned here that one of the appellant Sheo Prasad Mandal died during the pendency of the instant appeal, which fact is confirmed by learned State Counsel. The instant appeal, thus, abates qua him and survives qua remaining six appellants only. But for aforesaid two appellants, all are on bail.
(2.) IN all, seven persons, namely, Bishwa Nath Mandal, Rasraj Mandal, Pawan Chandra Mandal, Sheo Prasad Mandal, Arun Mandal, Rati Lal Mandal and Sumitra Devi (hereinafter to be referred to as accused only) faced trial for the charge of Sections 147, 148, 324/149, 342, 307/149 and 302/149 for allegedly killing one Amit Kumar Mandal @ Amrit Kumar Mandal (to be referred to as deceased) on 21st of March, 2000 at 12.30 Hrs. They stand convicted and sentenced for the said offences as under: - - "Each of them have been sentenced to undergo imprisonment for life U/s. 302 I.P.C.; R.I. for a period of two years U/s. 147 I.P.C.; R.I. for three years U/s. 148 I.P.C.; R.I. for three years U/s. 326 I.P.C.; R.I. for ten years U/s. 307 I.P.C. All the sentences, however, have been ordered to run concurrently. They have not been sentenced separately for the conviction recorded under Section 342 I.P.C." The case of the prosecution, as one finds from the initial statement (fardbayan) recorded on 21st of March, 2000 at 15.00 Hrs. at the instance of P.W. Nandi Kumar Mandal, the first informant and real brother of the deceased is that he, on 21.03.2000, at about 12.00 Hrs. after hearing noise outside his house came out and saw that accused Rati Lal Mandal holding farsa, Pawan Chandra Mandal holding lathi, Arun Mandal holding farsa, Sheo Prasad Mandal, Bishwa Nath Mandal and Ras Raj Mandal holding lathis in their hands had surrounded his brother Amit Kumar Mandal (deceased) and were abusing him. At that accused Sumitra Devi wife of accused Rati Lal Mandal had caught hold of the deceased. When he went to save his brother, accused Rati Lal Mandal assaulted him with farsa, as such his right hand got injured and then Pawan Chandra Mandal assaulted him with lathi, consequently he fell down. It is, thereafter, all the accused persons, namely, Rati Lal Mandal, Pawan Chandra Mandal, Sheo Prasad Mandal, Bishwa Nath Mandal, Ras Raj Mandal, Arun Mandal assaulted the deceased. In the meantime villagers and members of his family had also assembled there. Deceased died at the spot. The motive for the occurrence, projected by the first informant, is that the deceased was resisting the marriage of the daughter of accused Pawan Chandra Mandal with his own Gotia (same relation) in the village.
(3.) ON the aforesaid allegations, formal FIR No. 29/2000 dated 21.03.2000 came to be registered in P.S. Bangaria and the investigation started by PW Ashok Kumar Singh, which, ultimately, culminated into filing of the challan against aforesaid seven accused, who accordingly, charged and, ultimately, convicted and sentenced as stated hereinabove.;