D.P.SINGH, J. - (1.) BOTH the appeals, arising out of same judgment, were heard together and are being disposed of by this common judgment.
(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 23.9.2000 ' and 25.9.2000 passed by the learned 2nd Additional District and Sessions Judge, Koderma in Sessions Trial No. 328/99, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Section 302 Indian Penal Code and sentenced appellants Chhoti Yadav, Binod Yadav, Baijnath Yadav @ Gulli, Mahadeo Yadav and Mosst. Tukani Devi to undergo RI for life. Appellant Mahadeo Yadav further stands sentenced to undergo RI for two years under Sec.324 Indian Penal Code and RI for six months for the offence under Sec. 323 IPC. Appellant Chhoti Yadav is also sentenced to undergo RI for six months for the offence under Sec.323 IPC. However, sentences were directed to run concurrently. The factual matrix leading to these appeals are that in the afternoon of First July, 99 the Informant Manoj Kumar was going towards Dangra hill situated In the vicinity of Koderma town along with deceased Bhahamdeo Yadav on a motorcycle to participate in the picnic being held by other witnesses. Further stated that when they reached near the house of Buban Mahto situated in Mauja Parenda, all of a sudden the appellants along with three others named in the FIR, surrounded them and started assaulting the deceased. According to the Informant, the deceased and the informant fell down from the motorcycle, after which appellants Mahadeo, Binod , Baijnath, Chhoti and Mst. Tukanl started assaulting Brahamdeo with the arms in their hands. He specifically named Mahadeo yadav to initiate first blow with a sword on the deceased and thereafter others indiscriminately assaulting the deceased. As further stated when the informant tried to intervene, he was also assaulted with sword by Mahadeo, resulting in injuries on his right knee, left eye, after which he ran towards the hill raising alarm. According to him, in the meantime witnesses, returning from the picnic, arrived there and saw the appellants assaulting the deceased. It is further asserted that witnesses were also chased and assaulted by the appellants causing various injuries on them. However when villagers assembled there, the appellants fled away.
(3.) AS per prosecution case witnesses brought injured Brahmdeo to Holi Family Hospital, Koderma, and then to Daruka Nursing Home where first medical aid was provided. However, the doctor advised to carry the injured for better treatment to Patna and they started for Patna in a Maruti van. During their journey, injured Brahmdeo Yadav breathed his last near Nawadah, after which they came back and reported the mater to Koderma police at 10 PM. According to the informant, this occurrence was result of previous enmity as the deceased was the eye witness of the occurrence of the murder of his father by the appellants. Koderma police recorded the fard beyan at the police station and registered Koderma P.S. Case No. 2/99 under various sections including Sec.302 Indian Penal Code against eight named persons. The police further prepared inquest report, got the post mortem conducted on the dead body and injured witnesses examined by the doctor. The police after investigation finally submitted chagesheet against five appellants only discharging three named females. The case of the appellants was committed for trial by the court of sessions, where the charges were framed against them under Sections 302/34 and 326 IPC. The appellants pleaded not guilty and claimed false prosecution due to previous enmity by examining two defiance witnesses. However, the learned trial court, after examining witnesses, found and held the appellants guilty and sentenced them as aforesaid.;