- (1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 18.02.2003 passed by the 3rd Addl. Sessions Judge, Dumka in connection with Sessions Trial No. 26 of 2001/591 of 2002 corresponding to G.R. Case No. 801 of 2000 arising out of Dumka, Saraiya Hat P.S. Case No. 112 of 2000 whereby the appellants have been held guilty for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.
(2.) Appellant Godo Manjhi (in Cr. Appeal (DB) No. 448 of 2003) died on 08.04.2013 and therefore, the appeal as against him stands abated.
(3.) The prosecution case, as it appears from the fardbeyan of Dinesh Manjhi recorded on 21.08.2000 at 15.30 hours at the door of the house of complainant, is that on the date of occurrence at about 10.00 a.m. hurling of abuses had taken places between Sushila Devi and the family members of appellants. The matter was brought to the notice of both the family by the respective women of their families. It is disclosed that Duryodhan Manjhi (deceased) with an intention to patch up the dispute came out of his house but he was overpowered by Binod Manjhi and his companion who caused assault to him by means of tangi, farsa, sword, gupti etc. The female members of appellants also joined hands and caused assault to Duryodhan. Due to fear the informant did not intervene to save his father. Lastly, Duryodhan (father of the informant) was done to death at the spot. The matter was brought to the notice of police and fardbeyan of Dinesh Manjhi was recorded at 15.30 hours on the date of occurrence itself.;