- (1.) The appellants on being tried under Section 302/307 of the Indian Penal Code, on the allegation that they caused the death of Jagan Marandi @ Bablu Marandi, the husband of PW-9, Manjhiali Hembrom, and also attempted to murder the said Manjhiali Hembrom (PW-9), were found guilty, as charged, by the Sessions Judge and o each one of the appellants was sentenced to imprisonment for life under Sections 302/34 of the Indian Penal Code and under Section 307/34 of the Indian Penal Code, each one of them was sentenced to four years rigorous imprisonment, with a direction that the sentences will run concurrently.
(2.) PW-9, Manjhiali Hembrom, is the wife of the deceased, Jagan Marandi. There was a long standing dispute between the appellants and the deceased and during the relevant period, litigations were pending between the parties. This is said to be motive for the unfortunate occurrence, which took place on the night of 7/8-8-1988.
(3.) On 7-8-1988 after dinner, Manjhiali Hembrom, PW-9, her husband, Jagan Marandi, the deceased and the mother of Jagan Marandi took their bed in the house along with children of the deceased. The earthen lamps were burning. At midnight, PW-9 woke up on getting an injury on her neck. She raised alarm. She saw the 1st appellant, Jasai Marandi with a Fasali and the 2nd appellant, Jetha Marandi, standing close to her and on PW-9 raising alarm, both the appellants ran away from the place. PW-9 found her husband lying dead with his neck cut and served, Thereafter, the Fardbayan, Ext. 4, was given by PW-4. Investigation was taken up by the predecessor of PW-10, Mehdi Hasan. The Investigating Officer, on reaching the scene of occurrence, prepared seizure list, Ext.3 and 3/1 attested by PW-4. Inquest was conducted over the dead body of Jagan Marandi and body was sent to the hospital thereafter for autopsy.;