Dhrub Narayan Upadhyay, J. - (1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 31.07.2003 and 01.08.2003 respectively passed by the Addl. Sessions Judge, Fast Track Court No. II, Palamau at Daltonganj in connection with Sessions Trial No. 30 of 1995 corresponding to G.R. Case No. 1316 of 1993 arising out of Palamau, Sadar P.S. Case No. 341 of 1993 whereby the appellants have been held guilty for the offence punishable under Sec. 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life.
(2.) The facts, in brief, as it appears from the fardbeyan of Bishwanath Chaudhary recorded on 19.09.1993 at 23 hours are that on the same day at about 7.30 p.m. the informant was attracted towards his brother Vijay Kant Chaudhary who had been shouting for help. When the informant ran to the place known as Tinpati More, he saw the appellants and their associates causing assault to Vijay Kant Chaudhary by means of Garasa, lathi, Kulhari etc. The informant also raised alarm which attracted other witnesses namely Surya Nath Chaudhary and Baij Nath Chaudhary who also reached to the place. It is disclosed that after causing assault to Vijay Kant Chaudhary, accused persons named in the F.I.R. took him to the house of appellant Ramdeo Chaudhary and after keeping the dead body in the room they put lock and fled away. The reason behind the occurrence is old dispute prevailing between the parties.
(3.) On the basis of fardbeyan of Bishwa Nath Chaudhary Palamau, Sadar P.S. Case No. 341 of 1993 dated 19.09.1993 under Sec. 147, 148, 149, 341, 342 and 302 of the Indian Penal Code was registered. After due investigation chargesheet was submitted against the appellants and accordingly, cognizance was taken and the case was committed to the court of sessions and registered as S.T. No. 30 of 1995.;