- (1.) BOTH the appeals arising out of the same impugned judgment have been heard together and are being disposed of by this common judgment. All the four appellants in both the appeals stand convicted under Sections 302/34 and 307/34 of the Indian Penal Code and they have been sentenced for life under Section 302/34 of the Indian Penal Code and RI for five years under Section 307/34 of the Indian Penal Code, the sentence to run concurrently.
(2.) BRIEF facts leading to these appeals are that in the night of 13.11.1992 the informant Bhawani Prasad Gope along with deceased Nagen Chandra Gope heard hulla of paddy being stolen at about 9 p.m. on which they ran towards the field of PW 4 Bhagath Ranjan Gope situated near the river. Further stated all of them saw the appellant Shasthi Mahato along with his three sons carrying paddy from the field. It is further alleged that the appellants were armed with Lathi, arrows and Tabla. According to the prosecution they started chasing the appellants and reached near the house of appellant Shasthi Mahato when appellant Sukhen Mahto shot the arrow on deceased Nagen resulting in injury on his chest. It is further asserted that appellant Janamjaay Mahato gave a blow with Tabla on the back of the head of Shripati Gope PW 3. In the meantime the villagers assembled who brought the deceased to his house and further caught hold of appellant Shasthi Mahato. The Nimdih police was informed in the next morning, which arrived at the village in the after noon of 14.11.1992 and recorded the statement of PW 2 Bhawani Prasad Gope. The police further registered Nimdih P.S. Case No. 61 of 1992 under Sections 302, 307; 324/34 of the Indian Penal Code against four persons. The inquest report was prepared and the dead body was sent for post -mortem. The police after investigation submitted the charge -sheet against all the appellants. The case was committed to the Court of sessions. 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 Sections 302/34 and 307/34 of the Indian Penal Code and sentenced them as mentioned above. The appellants preferred two separate appeals on the grounds that the learned trial Court has sentenced them without going into the discrepancies in the prosecution version. It is further asserted that the learned trial Court has failed to appreciate the circumstances which did not support the prosecution case. It is further mentioned that only interested witnesses have supported the prosecution case while probable and independent witnesses have been tendered by the prosecution. It is further submitted that the genesis of the occurrence, theft of paddy has not been proved. The appellants in Cr. Appeal No. 26 of 1999 further asserted that the evidence on record does not prove that the appellants had common intention to cause death of Nagen Gope and intention to commit murder of Shripati Gope. Therefore, the conviction of the appellants deserves to be set aside. The learned Counsel for the appellants further pointed out that the appellants Shasthi Mahato, father of all other three appellants was assaulted on false pretext by the informant. It is also submitted that even in case Sukhen is found and held guilty for shooting arrows on the deceased, he may not be held guilty under Section 302/34 of the Indian Penal Code. Therefore, the conviction under Section 302/34 and under Section 307/34 of the IPC deserves to be set aside.
(3.) LEARNED APP opposed this contention.;