- (1.) These appeals have been directed against the judgment of conviction and order of sentence dated 28th November, 2006 and 29th November, 2006, respectively, passed by learned 1st Additional Sessions Judge, Godda in connection with Sessions Case No. 11 of 2005/37 of 2006, arising out of Boarizore P.S. Case No. 76 of 2004, corresponding to G.R. No. 776 of 2004, whereby the appellants have been held guilty for the offence punishable under Sec. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) The fact, which appears from the Fardbeyan of Mariya Hembrum, wife of Late Sarju Kisku, recorded on 15th August, 2004, at 12:45 hrs., at village Koluha, in brief, is that on 15th August, 2004, at about 6:00 a.m., while the deceased Sarju Kisku was ploughing his field, all the appellants, armed with Lathi, reached to the place and demanded their share in the landed property. The appellants caused assault to Sarju Kisku (husband of the informant) by means of Lathi and killed him. At the time of occurrence, son of the deceased was also present, but due to fear he fled away from the place by raising alarm. On the basis of Fardbeyan of Mariya Hembrum, Boarizore P.S. Case No. 76 of 2004 dated 15th August, 2004, corresponding to G.R. No. 776 of 2004, under Sec. 302/34 of the Indian Penal Code was registered against the appellants. The police after due investigation submitted charge sheet; accordingly, cognizance was taken; the case was committed to the Court of Session and registered as Sessions Case No. 11 of 2005.
(3.) Initially charge under Sec. 302/34 of the Indian Penal Code was framed on 1st March, 2005, but the charge was amended on 8th November, 2006 and altered under Sec. 302/149 of the Indian Penal Code. The prosecution, in order to substantiate the charge, examined altogether seven witnesses, including the informant, doctor and investigating officer. Learned Additional Sessions Judge at the conclusion held the appellants guilty for the offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code and sentenced them as indicated above.;