ANANDA SEN, J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 20.8.2003 and 28.8.2003 respectively, passed by the learned Additional District and Session Judge, FTC-IV at Bokaro in Session Trial No. 110 of 1995, arising out of Chas P.S. Case No. 43 of 1993 corresponding to G.R. No. 823 of 1993, whereby and whereunder, the court having found the appellants guilty for committing murder, convicted them for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.
(2.) The case of the prosecution, on the basis of fardbeyan of the informant Durga Prasad Manhji is that on 25.7.1993 at about 7:30 a.m., he was ploughing his filed near "Joriya Hill" with Jailu Manjhi, Chunu Manjhi, Chhotu Manjhi and Kola Manjhi. At the time his father Raghunath Manjhi was walking on the ridge of the filed. In the meantime, accused persons namely Sitaram Mahto, Kanku Mahto, Bhism Mahto, Sarwani Mahto, wife and mother of Sitaram Mahto came there armed with deadly weapon in their hand and surrounded his father Raghunath Manjhi. They started abusing him and all the four male accused persons assaulted him with Farsa and Tangi. The father of informant received injury in his right hand and forehead just below his eyes and he fell down on the ground. Informant immediately took his father to the hospital for treatment with the help of villagers. On the basis of the aforesaid fardbeyan, Chas P.S. Case No. 43 of 1993 was registered under Sections 147, 148, 149, 341, 324, 307 IPC against all the accused persons. During course of treatment, injured Raghunath Manjhi succumbed to his injuries, therefore, Section 302 IPC was added latter on. After investigation, the police submitted chargesheet agianst all the named accused persons. Cognizance of the offence was taken and the case was committed to the court of Session which was registered as S.T. Case No. 110 of 1995.
(3.) Charges were framed against five accused persons including the present appellants under Sections 147, 148, 149, 307, 302 IPC to which, they did not plead guilty and claimed to be tried.;