H.C. Mishra, J. - (1.) Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the Judgement of conviction and Order of sentence dated 30.04.1992 passed by the learned 2nd Additional Sessions Judge, Dumka, in S.C. No. 259 of 1991, whereby both these appellants were convicted for the offence under Section 302 of the Indian Penal Code, and upon hearing on the point of sentence, they were sentenced to undergo rigorous imprisonment for life.
(3.) The case relates to triple murder. The F.I.R. was instituted on the basis of the fardbeyan of Bhola Mandal, who happens to be the father of two of the deceased, namely, Kanti Mandal and Makuni Mandal. According to the prosecution case, on 18.06.1990 in the early morning at about 3:00-4:00 A.M., both the aforesaid sons of the informant were going to bring paddy straw (Puwal) on bullock carts from another village namely, Parekesho. The informant and one Rohan Chaudhary of their village also accompanied them. Rohan Chaudhary sat along with Kanti Mandal and the informant sat along with Makuni Mandal (on the two bullock carts on which they were going to bring the paddy straw, as has come in the evidence). In the way the informant got the call of the nature and he got down from the bullock cart and went towards the river for easing himself and the bullock carts proceeded. After some time he heard the alarm raised by his sons and he rushed towards the bullock carts which were going ahead, and when he reached near, he saw the appellants Binod Chaudhary @ Indu Mandal and Anil Chaudhary who are own brothers, and Suresh Chaudhary and Sarjug Mamrik. There were two to three other persons also whom the informant did not identify. Out of fear the informant concealed himself in the Palash forest. In the meantime several persons from the village Narhibaran had assembled there, but the informant kept himself concealed. In the meantime several persons of the informant's village, i.e., Ghongha Dhekcha also reached there and upon hearing the voices of the persons of his village he came out of the forest. By that time the darkness had started clearing off, and he found four persons (named in the F.I.R.) of Narhibaran village and more than 11 persons of his own village assembled there whom he informed about the accused persons. When his son Kanti Mandal gained some consciousness he named Anil Chaudhary and Binod Chaudhary. (Though it is not stated in the FIR, but in the evidence it has come that Rohan Chaudhary was found dead on one bullock cart at the spot). Both the injured were taken to Nonihat hospital for treatment but Kanti Mandal died in the way, and before his death, he named Binod Chaudhary and Anil Chaudhary. They took the dead body of Kanti Mandal and the injured Makuni Mandal to Nonihat hospital where the police papers were demanded and thereafter they proceeded towards the Jarmundi hospital. In the meantime one police jeep arrived and took the injured Makuni Mandal to Jarmundi hospital, but in the way Makuni Mandal also died, whose dead body was brought to the police station. The informant had brought the dead body of his son Kanti Mandal to the police station on the bullock cart. The informant has stated that the occurrence had taken place due to long drawn enmity between the parties, as the accused Binod Chaudhary was taken in adoption by the aunt of the informant and both the brothers were demanding partition of the family property for which there were litigations also between them. In the previous evening there was a panchayati also for partition of the family property in which both the accused were also present and there was a quarrel between Anil Chaudhary and Makuni Mandal, who had also threatened. The informant alleged that due to this long drawn enmity both the sons of the informant and Rohan Chaudhary were murdered by the accused persons. The fardbeyan of the informant to the aforesaid effect was recorded near Motihara River at 8:30 hours, on the basis of which Jarmundi P.S. Case No. 71 of 1990, corresponding to G.R. No. 537 of 1990 was instituted against four named accused persons and three to four unknown persons and investigation was taken up. After investigation the police submitted the charge-sheet only against the accused Binod Chaudhary @ Indu Mandal and Anil Chaudhary, who faced the trial.;