Ratnaker Bhengra, J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 24th February, 2003 passed by learned 2nd Additional Sessions Judge, Seraikella in Sessions Trial No. 320 of 1990 whereby and whereunder the appellants have been convicted and sentenced in the following manner:- i. Appellant No. 1 Mohan Majhi was convicted under section 304 part II of the Indian Penal Code and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 10,000/- and in default to undergo S.I. for 2 months. ii. Appellant no. 2, Gajam Majhi, was convicted under sections 436, 447 and 143 of the Indian Penal Code and was sentenced to undergo R.I. for 4 years and a fine of Rs.5,000/-under Section 436 of the Indian Penal Code and to suffer S.I. for one month in default of payment of fine. He was further sentenced to undergo S.I. for two months and a fine of Rs.500/- under Section 447 of the Indian Penal Code and further S.I. for 10 days in default of fine. He was further sentenced to undergo S.I. for 3 months and a fine of Rs.500/- under Section 143 of the Indian Penal Code and in default of fine to undergo further S.I. for 10 days. iii. Appellant no. 3, Bidu Majhi was convicted under sections 447 and 143 of the Indian Penal Code and he was sentenced to undergo S.I. for 2 months and a fine of Rs. 500/- under Section 447 of the Indian Penal Code and further S.I. for 10 days in default of payment of fine. He was further sentenced to undergo S.I. for three months and a fine of Rs.500/- under Section 143 of the Indian Penal Code and in default of payment of fine to undergo further S.I. for 10 days.
(2.) The prosecution case as per the fardbeyan of the informant Sarla (P.W. 2) is that she was sleeping in her house along with two younger sisters. Her father Sohrai Majhi and brother (P.W. 5) had gone to watch Kali Puja in the village. It is stated that the accused Mohan Majhi on 28.10.1989 in the mid-night came and pushed the door of the house, whereupon the informant raised halla but no one came to her rescue as because of the loudspeakers volume. Thereafter, the informant went to the Kali Puja Pandal to call her father and she told him about the incident and then she and her father returned home. On reaching home her father told the informant to go inside and she went inside leaving her father standing outside. It is stated that Mohan Majhi along with 5-6 others was standing beside the house. Mohan Majhi released an arrow that hit her father on the chest and her father fell on the ground. On raising halla several neighboures came at the spot and the father was taken to T.M.H. for treatment. It is stated that thereafter the accused persons set her house ablaze on fire and fled away. Informant's father was declared dead at T.M.H. the same day on 29.10.1989.
(3.) On the basis of the fardbayan of informant, P.W. 2, Gamharia P.S. Case No. 61 of 1989 was registered against the accused persons and after investigation, the police submitted charge sheet. Cognizance of the offence was taken and the case was committed to the court of sessions. Charges were framed against the accused persons to which the accused pleaded not guilty and claimed to be tried.;