- (1.) THE appellants, two in number, were tried before the 3rd Additional Sessions Judge, Dumka for offences punishable under sections 302/34 of the Indian Penal Code on the allegation that they joining with Arjun Soren (absconding during trial) committed murder of Manjhi Soren in furtherance of their common intention. The trial Judge, finding both the appellants guilty, as charged, sentenced each of them to imprisonment for life. Hence this appeal.
(2.) THE facts necessary to dispose of the appeal are as follows: The 1st appellant, Barka Soren, is the brother of the 2nd appellant Kohen Soren and the said 2nd appellant Kohen Soren is the father of deceased Manjhi Soren. P.W 5 Pano Soren is the daughter of the 2nd appellant and hence sister of the deceased. Arjun Soren who was absconding during trial is the brother of P.W 5. P.W 3 Budin Hembram is the wife of 2nd appellant and mother of P.W 5 and the deceased.
(3.) THE case of the prosecution is that there was a dispute between the deceased and Arjun Soren in respect of certain lands and that the 2nd appellant Kohen Soren was living separately with Arjun Soren while P.W 3, P.W 5 and the deceased were living separately in another house. Kohen Soren, the 2nd appellant did not want to give the land to the deceased and it is said to be motive for the occurrence, which took place at noon on 19.8.1983.;