M.Y.EQBAL, J. - (1.) This appeal by the appellant is directed against the judgment dated 29th April, 1991 and 1st May 1991 passed by Additional Sessions Judge, Pakur in Sessions Case No. 70 of 1990/04 of 1991 whereby the appellants have been convicted for the offence under Section 302/34 I.P.C. and sentenced to undergo R.I. for life.
(2.) THE accused/appellants are Nara Paharia and Jalia Paharia. The deceased who has been killed is named Babna Paharia. The informant is the brother of the deceased namely, Nara Paharia. The date of occurrence is 21.07.1989 near about 7 P.M. The Prosecution case inter alia is that on the date of occurrence in the evening, the brother of the informant Babna Paharia returned to his house from the village Kaligodda alongwith the meat of Hog. Accused Nara Paharia and Jalia Paharia were sitting by the side of his house. As soon as the deceased reached near the house, the accused persons started assaulting his brother Babna Paharia by means of lathi. When the informant tried to save his brother, the accused persons ran to assault him also. As a result of lathi blows, the deceased fell down on ground at the door and became senseless. The villagers and the informant brought the deceased to his house and made attempts to revive his senses. Next day they made attempts again but the deceased died at about 3 P.M. The informat went to the police station and gave statement on which police registered a case under Section 302/34 I.P.C. against the accused persons namely, Nara Paharia and Jalia Paharia to submit charge sheet under Section 302/34 I.P.C. A.C.J.M. Pakur took cognizance and committed the case to the court of Session for disposal.
(3.) ON the basis of the evidence of the eyewitness and the post -mortem report, the court below recorded a finding that the prosecution has established the case beyond all reasonable doubt. Accordingly, the accused persons were convicted under Section 302/34 I.P.C. and sentenced to undergo R.I. for life.;