H.C. Mishra, J. - (1.) (C.A.V.) - Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the Judgement of conviction dated 10.09.1991 and order of sentence dated 12.09.1991 passed by the learned 3rd Additional Sessions Judge, Hazaribag, in S.T. No. 62 of 1984, whereby the appellants have been found guilty for the offence under section 302 read with section 34 of the Indian Penal Code and they have been convicted for the same. Upon hearing on the point of sentence the appellants have been sentenced to undergo rigorous imprisonment for life.
(3.) According to the prosecution case, the F.I.R. was lodged on the basis of the fardbeyan of the deceased himself, while he was alive. The fardbeyan of the deceased Kanhai Sao was recorded at Simaria State Dispensary on 01.07.1982 at 10:30 hours, by the A.S.I. of the Simaria Police Station, wherein the informant deceased alleged that on 01.07.1982 at about 9:00 A.M. he was going along with his younger brother-in-law on a cycle and when he reached near the house of the accused Doman Sao, he met Doman Sao and asked for his Rs.250/- which was due with Doman Sao, whereupon Doman Sao became angry and the accused persons, namely, Doman Sao, Bhuneshwar Sao, Gopal Mistry and Bandhan Thakur, forcibly carried him to the house of Doman Sao. The informant raised alarm but no one came to his rescue, and in the house, upon the order of Doman Sao, the other accused persons forcibly pressed him to the floor and Doman Sao assaulted him by sword causing cut injuries on his left leg and both hands. The informant became unconscious and when he gained consciousness, he saw that his mother, sister and brother-in-law had come there and they took him out of the house. They also informed him that after assaulting him the accused persons had locked him in the room which was opened by the mother. Thereafter, he was brought to Simaria hospital. In the fardbeyan the deceased informant had stated that the accused had assaulted him with the intention to cause his death. As the deceased informant was not in a position to put his signature on the fardbeyan, he put his thumb impression on the fardbeyan. On the basis of the fardbeyan, Simaria P.S. Case No. 31 of 1982 corresponding to G.R. No.339 of 1982 was instituted against the appellants for the offence under sections 341, 342, 326, 307/34 of the Indian Penal Code and investigation was taken up.;