- (1.) AII the abovementioned three criminal appeals arise out of the same impugned judgment dated 28.9.2000 passed by the Sessions Judge, Singhbhum (West) at Chaibasa in Sessions Trial No.134 of 1999 and, therefore, they were taken up and heard together and are being disposed of by this common judgment.
(2.) ALL the appellants in the above three appeals have been convicted under section 302/34 of the Indian Penal Code and have been sentenced to undergo R.I. for life. Brief facts leading to these appeals are that one Jitender Paik, the informant (PW -2) gave a fardbeyan to the police on 14.10.1998 at 5.00 A.M. stating that on the previous day, i.e. 14.10.1998 he alongwith his brother Ganeshwar Paik (the deceased) and Prasanno Paik (not examined) was returning from Anandpur Market at about 6.00 P.M. His brother Ganeshwar Paik started for the village via Satbamri Kutcha road on foot whereas he proceeded with his brother Prasanno Paik for his village via Charbandia pucca road on a bicycle. It was further alleged that seeing that his brother Ganeshwar was going via kutcha road, his co -villagers Sashi Naik, Kalinder Naik proceeded through Charbandia, quickly proceeded ahead on their bicycle. When the informant reached near the well and the orchard of Bandhu Mukhia, he saw Sashi Naik and Kalinder Naik talking with other co -villagers, who were already there armed with Tangi, Bows and Arrows etc. namely, Kale Pradhan, Santru Naik, Sukh Chinder Paik, Etwa Pradhan, Lumbu Paik, Ganshu Bhitria and told them that Ganeshwar Paik was coming via Satbamri Kutcha road and, thereafter, all the abovenamed villagers went towards Chiromatta kutch a road and, thereafter he and his brother Prasanno went to their house to bring bows and arrows to save themselves and their brother but only after a few yards away, both of them heard the alarm of his brother, then they ran towards their brother and then saw that the accused persons had killed his brother cutting his head from the body and seeing them they fled away towards Toongri south -east.
(3.) THE reason for the occurrence was stated to be that their nephew Damodar Paik was taken by Etwa Pradhan and Lumbu Paik to Punjab to earn livelihood but he did not return though Etwa and Lumbu returned to the village and for that a Panchayati was convened so that both be compelled to bring back the said nephew. It was also said that there was some land dispute also.;