- (1.) Heard learned amicus curiae for the appellants and learned counsel for the State.
(2.) Appellants are aggrieved by the judgment of conviction dated 26-8-1992 and Order of sentence dated 27-8-1992, passed by learned Additional Sessions Judge, Pakur (in the then District of Sahibganj), in Sessions Case No. 160 of 1985, whereby the aforesaid appellants along with other three accused persons, who are since dead, have been found guilty and convicted for the offences under Sections 302/34, 148 and 323 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants were sentenced to undergo R.I. for life for the offence under Sections 302/34 of the Indian Penal Code, R.I. for 3 years for the offence under Section 148 of the Indian Penal Code and R.I. for 1 year for the offence under Section 323 of the Indian Penal Code, and all the sentences were directed to run concurrently.
(3.) The FIR was lodged on 18-1-1984, by one Laxmi Marandi, who had also brought the dead body of the deceased Mangal Marandi in the Police Station, in which, it is stated that the deceased Mangal Marandi had the land dispute with the accused persons, named in the FIR, in all seven persons. On 17-1-1984, there was a Shradh feast at the house of Laxmi Marandi, in which, the deceased and other persons had taken part. When the feast was over at about 10.00 p.m. in the night, the deceased, Mangal Marandi, proceeded towards his house and the informant and some other persons, accompanied the deceased up to his house. As they reached near the house of one Lakhi Ram Hansda, all the seven named accused persons, including these appellants, who were hiding beneath a bullock cart, came out and they started assaulting the deceased. It is alleged in the FIR that the accused Barhu Baksi (since dead) assaulted the deceased by axe on his head, accused Shyam Murmu (since dead) assaulted the deceased by iron rod, Pagan Kisku (appellant before us) assaulted the deceased by knife and the other accused persons, including the appellant Sheo Lal Murmu, assaulted the deceased by lathi. When the informant and the other witnesses tried to save the deceased, they were also assaulted and injured by the accused persons. The deceased died at the spot. Alleging that the deceased had been killed by the accused persons due to land dispute the FIR was lodged by the informant Laxmi Marandi, on the basis of which Litipara P.S. Case No. 1 of 1984 was instituted, for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge sheet against eight accused persons, including these appellants.;