D.P.SINGH, J. - (1.) THE appellants (in Criminal Appeal No. 362 of -2000(R) and Criminal Appeal No. 384 of 2000(R)) on being tried, have been found and held guilty for the offence under Section 302/149 of the Indian Penal Code and the appellants in Criminal No. 411 of 2000 have been found and held guilty for the offence under Sections 302/34 and 302/149 of the Indian Penal Code, by the Additional Session. Judge -I, Bermo at Tenughat by common judgment dated 6.9.2000 and 7.9.2000 in Sessions Trial No. 228 of 1990/211 of 1994 and sentenced to undergo rigorous imprisonment for life on each count. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.
(2.) THE factual matrix leading to these appeals are as follows: Informant, Phulchand Mahto was planting sweet potato (Shakarkand) along with deceased in the morning of 17.7.1987 in the field situated near their house in village Taranan, Tola - Beharatand, when appellants Kartik Mahto Sukar Mahto and Bhim Mahto came there with bulloik to plough and tried to plough the field belonging to them. As stated this was protested and they were forced to retreat by the informant side. However, within short time, all the above named accused persons along with appellants Beni Mahto, Manjhi Mahto, Nunuchandra Mahto, Latu Mahto, Koyla Mahto, Khiru Mahto, Mahru Thakur returned armed variously with Bhakuwa, Farsa, sword, lathi, bows and arrows. According to the informant, appellant Beni Mahto was carrying Bhakuwa, appellant Kartik was carrying sword, appellant Koyal Mahto was carrying Farsa, appellant Khiru Mahto was carrying Ballam, appellant Sukar Mahto was carrying bow and arrows appellant Nunuchand was caring Tangri appellant Bhim Mahto was carrying Bhakuwa, and others were carrying lathi. According to informant P.W.4, Budhu Mahto, deceased was given Bhakuwa blow by appellant Beni Mahto on his neck after which he tell down Thereafter, appellant Kartik Mahto started giving sword blows on his father causing various injuries on his body. It is further asserted that when the informant and his uncle Bhola Mahto tried to intervene, they were also assaulted. Appellants further assaulted Sanjhwa Devi and Lakhan Mahto, who was ploughing the held thereby. During this incident, appellant Sukar Mahto was shooting arrows, on the informant side. The informant and other injured witnesses raised alarms on which, the villagers arrived there and saw the occurrence. The appellants thereafter fled away. The reason behind this incident was said to dispute regarding Gairmajarua land, which was possessed by the informant in the same plot since before. The father of the informant, Budhu Mahto died on the spot.
(3.) THE matter was reported to Nawadih Police, which arrived at the spot at about 11.00 A.M. The police recorded the statement of P.W. 4 on the spot in presence of witnesses and started investigation. The police prepared inquest report of the dead body of Budhu Mahto and seized bloodstained Bhakuwa, soil and seven arrows from the spot in presence of witnesses. On the basis of this fardbeyan, Nawadih P.S. Case No. 38 of 1987 was registered under Sections 117, 148, 149, 123, 324, 307, 302 and 147 of the Indian Penal Code. The police completed investigation and finally submitted charge sheet against eleven accused persons. Their case was committed to the Court of Sessions for trial. All the eleven accused persons were charged under Sections 326, 147, 148, 447 and 302/149 of the Indian Penal Code, to which they pleaded not guilty. They were further charged under Section 302/34 of the Indian Penal Code.;