D.N.UPADHYAY,J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 04.06.2007 and 08.06.2007 respectively, passed by learned Addl. Sessions Judge, F.T.C-IV., Deoghar, in connection with Sessions Trial No. 81 of 2005/39 of 2005, corresponding to G.R. Case No. 45 of 2005, arising out of Mohanpur P.S. Case No. 10 of 2005, whereby the appellants have been held guilty for the offence punishable under Sections 302/149, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default of making payment of fine, imprisonment for three months.
(2.) The facts, reveal from the fardbeyan of Nago Devi, recorded on 17.01.2005, at about 10:30 hours, at Sadar Hospital, Deoghar, are that during previous night, while she was sleeping in the house along with her husband Manager Pandit (deceased), all the appellants, named in FIR, forcibly entered in the house and overpowered Manager Pandit. It is disclosed that Jhupar Pandit caught hold of the deceased, whereas, Titu Pandit inflicted blow by means of spear on the chest of Manager Pandit. Remaining accused were also accommodating former accused Titu and Jhupar. When the informant tried to intervene, she was threatened. On hulla, appellants fled away. Son of deceased and other villagers attracted towards the place of occurrence after hearing hulla raised by informant. Manager Pandit was taken to hospital but he was declared dead.
(3.) On the basis of fardbeyan of Nago Devi, Mohanpur P.S. Case No. 10 of 2005, under Section 302/34, IPC, was registered against the appellants. Investigation was carried out and charge-sheet against the appellants was submitted. Accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as Sessions Trial No. 81 of 2005/39 of 2005. Charges under Sections 302/149, IPC against appellants were framed, to which, they pleaded not guilty and claimed to be tried. To substantiate the charge, prosecution has examined altogether eleven witnesses, whereas, two defence witnesses have also been examined by the appellants. Learned Addl. Sessions Judge, at the conclusion of trial, placing reliance on evidences and documents available on records, held the appellants guilty and inflicted sentence, as indicated above. ;