D.P.SINGH, J. - (1.) CRIMINAL Appeal No. 6 of 1996 (R) has been preferred by the appellant Mansoor Mian and Criminal Appeal No. 146 of 1995 (R) has been preferred by the appellants Hanif Mian and Salim Mian against the judgment and order dated 9.11.1995 and 10.11.1995 passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 154 of 1991 whereby and whereunder all the three appellants have been convicted under Sec. 302/149 of the Indian Penal Code and have been sentenced to undergo RI for life each. As both the appeals arises out of same impugned judgment, they have been heard together and being disposed of by this common judgment.
(2.) THE factual matrix leading to these appeals are that in the morning of 31.12.1990 the deceased Ramjan Mian has gone in the fields situated in Mauza Mangaso. P.S. Dhanwar, district Giridih to ease himself, he was encircled and assaulted by these appellants along with two others resulting in his death. According to prosecution case at about 6.45 a.m. the informant came out of his house for natural call when he saw the deceased going towards north in the field. According to him soon he has sat to ease himself, he heard alarm raised by the deceased and on raising he saw appellant Mansoor Mian son of Hanif Mian, Mokhtar Mian, Akhtar Mian son of Sadik Mian, along with appellants Hanif Mian and Salim Mian chasing the deceased. According to him Mokhtar Mian assaulted the deceased with sword on his leg after which he fell down and thereafter appellant Mansoor Mian assaulted the deceased with sword resulting in his death. According to the informant PW 2 Ismail Mian this incident took place because of dispute between the deceased and the appellants regarding division of joint family properties for which the deceased was insisting to get the lands measured through Amin. He further alleged that previous evening on 30.12.1990 there was exchange of hot words after which the appellants have threatened to finish him. He further asserted that when he tride to rescue his brother, the appellants threatened him and he could not help. According to him the incident was seen by other villagers named in the fardbeyan. He further alleged that PW 9 son of the deceased was also assaulted by the appellants. The Dhanbar police arrived at the village and recorded the fardbeyan of PW 2 at about 8.45 a. m. same day 31.12.1990 and registered Dhanbad P.S. Case No. 193 of 1990 for various offences including under Sections 302 and 323 of the Indian Penal Code against five persons. The police prepared inquest report, sent the dead body for post -mortem examination seized bloodstained cloths and soil as well as water container, half pant worn by the deceased etc. The police after completion of investigation submitted charge -sheet against all the named accused persons. The case was committed for trial by the Court of sessions wherein the trial of two of the named accused Akhtar and Mokhtar was separated holding them juvenile. The appellants faced trial claiming innocence and false implication. However, the learned trial Court after examination witnesses found and held all of them guilty Under Sec. 302/149 of the Indian Penal Code and sentenced them to serve RI for life. The appellant Hanif was further convicted under Section 323 of the Indian Penal Code without sentencing him for this offence.
(3.) THE present appeals have been preferred on the grounds that the learned trial Court has committed mistake by accepting to testimony of the interested witnesses. It is also asserted that the learned trial Court has misdirected itself by relying upon the afterthought statements of the highly interested witnesses controverted by their own admissions. According to learned Counsel for the appellant Mr. B.M. Tripathy the prosecution version that the occurrence was seen by many of the witnesses becomes doubtful with the contradictions brought during cross -examination with their earlier statements before the police. Sri Tripathy further contended that if so many witnesses have seen the occurrence themselves; they could have been named in the fardbeyan. According to him when other villagers also arrived at the place of occurrence, their non -examination by the police or before the trial Court causes a reasonable doubt on the prosecution version. Therefore, the conviction of the appellants deserves to be set aside.;