- (1.) By Court Heard the parties.
(2.) These Criminal Appeals have been preferred against the judgment of conviction dated 25.11.2003 and order of sentence dated 29.11.2003 passed by Additional Sessions Judge, F.T.C.IV, Deoghar in S.C. No. 225 of 1992 whereby the appellants have been held guilty for the offence punishable under Section 302 IPC and sentenced to undergo R.I. for life.
(3.) The facts in brief as it appears from fardbayan of Fogan Mahto (brother of deceased Lilu Mahto) recorded in Karon Police Station on 09.07.1992 at 01.00 p.m. is that on 08.07.1992 his brother was returning home after purchasing cattle food and the informant along with Shashi Mahto was returning from their paddy field. Informant's brother Lilu Mahto (deceased) was moving ahead to them. When Lilu Mahto reached near the house of Bodi Mahto [Appellant in Criminal Appeal (DB) No. 1807 of 2003], suddenly the appellants and others appeared from the courtyard along with deadly weapons like Farsa, Sword, Tangi and Lathi in their hands and assaulted the deceased. Appellant Bodi Mahto assaulted Lilu Mahto by means of Tangi on his head. When the deceased tried to escape from there, appellant Janam Mahto assaulted him on his legs by means of Axe (Kulhari) as a result, he fell down and started wriggling. Thereafter, all the appellants started assaulting him till his death. On the basis of fardbayan of Fogan Mahto (brother of deceased Lilu Mahto) recorded in Karon Police Station on 09.07.1992 at 01.00 p.m., Karon P.S. Case No. 78 of 1992 was registered. Investigation was carried out, attendance of appellants were secured. The Police after due investigation submitted chargesheet under Sections 147, 148, 149 and 302 of the Indian Penal Code. Accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as S.C. No. 225 of 1992. To substantiate the charges, prosecution has examined altogether 12 witnesses including eye witnesses Learned Additional Sessions Judge, F.T.C.IV, Deoghar vide judgment of conviction dated 25.11.2003 and order of sentence dated 29.11.2003 in S.C. No. 225 of 1992, held the appellants guilty and inflicted sentence as indicated above for the offence under Section 302 Indian Penal Code and acquitted them from the charges under Sections 147, 148 and 149 Indian Penal Code with a finding that P.Ws. 2 and 5 are very clear, cogent trustworthy and both have corroborated each other.;