VIRENDER SINGH, J. - (1.) ALL three accused namely Bibhuti Mahato, and his two sons namely Sunil Mahto and Vakil Mahto faced the trial for the charge of section 302/34 IPC for allegedly committing the murder of one Narottam Singh (hereinafter to be referred to as deceased) and father of PW Haradhan Singh, the first informant. All stand convicted for the said charge vide impugned judgment of the learned trial court dated 30th of June 2003/2nd of July, 2003 and sentenced to undergo imprisonment for life. Hence, the instant appeal.
(2.) AT the very outset, it has been brought to the notice of the Court by learned State counsel that accused Bibhuti Mahato died in the jail on 30th of September,2003. She has placed jail report in this regard. The instant appeal thus stands abated qua accused Bibhuti Mahato and survives qua his two sons namely Sunil Mahto and Vakil Mahto.
(3.) SUNIL Mahto is stated to be in custody from initial date of his arrest, i.e. 19th of March 2001 whereas his brother Vakil Mahto is on bail. Sunil Mahto, thus has already undergone his substantive sentence of about 14 years. Since we are in the process of hearing old appeals pending in this court since long while considering the incarceration period, priority has been given to the instant appeal for its final consideration. First Information Report lodged by PW Haradhan Singh, the son of the deceased, is based on an information supplied to him by one PW -Amar Singh, his relative, who projects himself to be an eye -witness to the occurrence. It is alleged that on 8th of March 2001 at 7:00 A.M. the deceased had gone to the pond of village for catching the fish, when at about 11:30 A.M. accused Bibhuti Mahato (dead), Sunil Mahto and Vakil Mahto came there with Talwar and Tangi (both sharp edged weapons) and assaulted Norottam Singh who got injured and ran away towards one side where he was again assaulted by the accused with the aforesaid weapons. He died at the spot. It is then stated that PW Haradhan Singh along with his uncle Satya Naryan Singh went to the pond and found the deadbody of his father lying there. The motive projected for causing the murder is catching of the fish from the said pond in which the complainant side was also claiming its share.;