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 impugned Judgment of conviction dated 07.02.1996 and Order of sentence dated 09.02.1996, passed by the learned 6th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 355 of 1992, whereby, the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Jainul Abedin, the brother of the deceased, Md. Tahir, recorded on 05.11.1991 at about 5:45 P.M., at State Hospital Kanke, wherein he has stated that on the same day at about 2.30 P.M., the informant along-with his brother, Md. Tahir was going to Katamkuli market for making purchases. His brother was going about 30 meters ahead of him, and as soon as they reached near the house of one Raghunath Mahto, all the four accused persons came out from the bushes. The accused Seraj Ansari was armed with bhala, whereas his sons Naimul Ansari, Taslu Ansari and Haklu Ansari were armed with lathi and they started abusing and assaulting his brother with bhala and lathi, due to which, his brother fell down. The informant raised the alarm and tried to save his brother, but he was threatened by the accused persons with the same consequences. Thereafter Seraj Ansari took away Rs. 2000/- from the pocket his brother, and his son Naimul Ansari took away the wrist watch of his brother. His brother had sustained bleeding injuries on his head and other parts of the body. Upon the alarm raised, some persons came there and the informant brought his brother to his house. He has stated that there was land dispute between his brother and the accused, Seraj Ansari, which was decided in favour of his brother, due to which, the accused persons had assaulted his brother by bhala and lathi, badly injuring him. He has stated that his brother was not in a position to speak. On the basis of the fardbeyan of the informant, Kanke P.S Case No.121 of 1991, corresponding to G.R No.3599 of 1991, was instituted for the offences under Sections 307, 324, 323, 341, 379 / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. The brother of the informant died in the same night and accordingly, Sections 302 / 34 of the Indian Penal Code were added. After investigation, the police submitted the charge-sheet in the case.;