- (1.) THE appellants, two in number, who were arrayed as Al and A2 before the Sessions Judge, were tried for an offence under Section 323, 380 and 302 read with Section 34 I.P.C. The allegation against them is that at about 9 or 10 p.m. on 6.6.1981, they caused injury to Prakash Tanti @ Prakash Das, as a result of which he died on 10.6.1981 at Sadar Hospital, Dumka and that during the course of same transaction, they also caused injuries on P.W.7 Ishwar Tanti, son of the deceased, and removed certain articles from the house of P.W.7, who was Headmaster of a school.
(2.) THE Trial Judge, though found the appellants guilty under Section 323 and 380 I.P.C, did not award any separate sentence, but sentenced each of them to imprisonment for life under Section 302 read with Section 34 I.P.C. The above appeal is against the said conviction and sentence. The accused and the deceased were inimical towards each other on account of a dispute over a property. Proceedings were also initiated under Section 107 Cr.P.C and that, according to the prosecution, is the motive for the occurrence.
(3.) AT about 9.00 or 10.00 p.m. on 6.6.1981, 6 to 7 persons entered the house of P.W.7, which was situated within the school premises, and after entering the house, beat the deceased and P.W.7 Ishwar Tanti and both of them suffered injuries. They removed some articles, a watch and a sum of Rs. 425/ - in cash. On hearing the cries, P.W.5 Uma Shankar Tanti, who is the son of P.W.7 and grandson of the decease and who was staying in another room, came out and went back to his room out of fear and was hiding himself. He came to the scene of occurrence, after the accused left the place and P.W.7 informed P.W.5 that he and his father, namely, Prakash Tanti, were beaten by 6 to 7 persons and two of them are the appellants. On the next day, the 'villagers, on hearing about the occurrence, reached the place and later the injured P.W.7 Ishwar Tanti and his father Prakash Tanti, who died on 10.6.1981, were sent to the Jarmundi Primary Health Centre.;