R.R.PRASAD, J. - (1.) CRIMINAL Appeal No. 66 of 1998 is by A -l, A -3, A -4, A -5, A -6 and A -7 and Criminal Appeal No. 228 of 1998 is by A -2 in Sessions Case No. 417 of 1984/82 of 1988 on the file of the Sessions Judge, Godda. They were tried and convicted under Sec.302 read with 34 of the Indian Penal Code and each one of them was sentenced to imprisonment for life. The above two appeals are against the said conviction and sentence.
(2.) IN this judgment, the appellants (in both the appeals) will be referred as A -1 to A -7, in the same order, as they were arrayed before the Sessions Judge, and both the appeals are being disposed of by the following common judgment, for the sake of convenience. All the accused were the residents of village Pitambar Kita. There were land disputes between the accused 1, 2, 4, 5, 6 and 7 and the deceased. Civil cases were instituted and the case went up to the High Court. The deceased succeeded in the civil litigation. This is said to be the motive for the occurrence which had taken place at 1.00 a.m. on 6/7.9.1980. At about 1.00 a.m. on 6/7.9.1980, PW -2, Santosh Mahto, who is the son of the deceased Rishikesh Mahto, was sleeping on a cot in front of the house of Falguni Mahto. He woke up on getting a blow on his temple. He saw accused Nos. 1 to 7 and 7 -8 unknown persons standing there. By that time, his father, Rishikesh Mahto, came out of the house and seeing the deceased the 1st accused, Jainarayan Mahto, stated that he must not be left alive. All the accused went towards his house where his father was standing. PW -2 , out of fear, ran away from the place and while running, he raised alarm. He also heard the sound of gun shot and later returned to the house. In the meantime, the deceased, who came out of the house, was attacked by all the accused and 2nd accused Sanjay Mahto shot at the deceased and A -3 threw a bomb at him. This was witnessed by PW -4, Usha Devi, who is the daughter of the deceased and who had come to stay in the house of the deceased at that time. After the deceased fell down and died, all the accused went away. PW -4 informed PW -2 after he returned as to what transpired. Thereafter, Fardbayan, Ext.1, was given by PW -2 at 7.00 A.M. at Thakur Gangti out post and later crime was registered under Ext.2. Investigation of the crime was taken up by Investigating Officer( the officer, who conducted investigation, was not examined as a witness in this case). After the investigation was taken up by the police officer, inquest was conducted and the body was sent for autopsy (the doctor who conducted autopsy was not examined and the post mortem certificate, Ext.3 was marked through an Advocate Clerk).
(3.) AFTER the completion of investigation, final report was filed and the appellants denied the circumstances, put against them under Sec.313 of the Code of Criminal Procedure.;