- (1.) All the five appellants stand convicted under Section 302/149 of the Indian Penal Code and each of them have been sentenced to undergo imprisonment for life.
(2.) The factual matrix leading to his appeal are that in the morning of 7.7.1993 at about 9 a.m. appellant Vinod Pathak and Raj Kumar Pathak entered in an scuffle with deceased Devendra Pathak and PW 1 Satish Pathak regarding destruction of Chabutara of the Handpump set up by the Government in village Lohri P.S. Lesliganj. According to the prosecution case the appellants have caused damages to the Chabutara on which PW 1 and deceased objected why they were damaging the said Handpump. Further stated the appellants asserted that they would damage it, as it does not belong to them. This lead to further altercation and during the scuffle appellant No. 4 Raj Kuamr Pathak and appellant No. 5 Narbadeshwar Pathak caught hold of the deceased while appellant No. 1 Jaswant Pathak gave a dagger blow on the stomach of the deceased. At that time the appellant Nos. 2 and 3, Vinod Pathak and Arun Pathak were standing and exhorting others to commit the offence.
(3.) The informant Arun Kumar Pathak PW 2 was performing a tuition at village Ponchi when he was informed regarding this incident by Rampreet Mahto at about 10 a.m. The Informant rushed to see his brother and found there being taken to Daltonganj Hospital in a Jeep. He accompanied his brother and brought him to Daltonganj Sadar Hospital where he was declared dead. The Daltonganj Sadar Police was Informed which came and recorded the statement of PW 2 at 12.00 noon and forwarded this fardbeyan for registration of the case on which Lesliganj P.S. Case No. 66 of 1993 was registered on 8.7.1993 against all the appellants. The police conducted investigation and finally submitted charge-sheet against all the appellants under Sections 147, 148 and 302/149 of the Indian Penal Code. The trial of the appellants have been committed to the Court of Sessions where they were charged for offences under Sections 147, 148, 302/149 of the Indian Penal Code, on 8.7.1998. The appellants pleaded not guilty and claimed false prosecution. However, the learned trial Court after examining the witnesses found and held all of them guilty under Section 302/149 of the Indian Penal Code, and sentenced them to undergo imprisonment for life.;