R. Mukhopadhyay, J. - (1.) Heard Mr. Rajesh Kumar, learned counsel for the appellants and Mr. Satish Kr. Keshri, learned A.P.P. for the State.
(2.) Both these appeals are directed against the judgment and order of conviction and sentence dated 22.05.2012 passed by Sri Om Prakash Pandey, learned Principal Sessions Judge, Gumla in S.T. No. 85 of 2007, whereby and whereunder the appellants have been found guilty under Section 302/34 of the Indian Penal Code and under Section 323/34 of the Indian Penal Code and have been sentenced to undergo R.I. for life as also to pay a fine of Rs. 10,000/- each under Section 302/34 of the Indian Penal Code and they have been further sentenced to R.I. for six months for the offence under Section 323/34 of the Indian Penal Code.
(3.) The allegation made in the First Information Report is to the effect that the informant lives alone in her house and her husband Vishawnath Baraik lives at Ghaghra and earns his livelihood by doing the job of tailoring. It has been alleged that on 26.11.2006 in the morning when the husband of the informant was working in the Khalihan and the informant was cutting paddy crops in the nearby field at about 10:00 A.M. she heard the sound of quarreling and when she came out she had seen Kewal Baraik was quarreling with her husband. The informant tried to pacify them. It has been alleged that in the meantime Mahabir Baraik and Mani Baraik came and started beating her husband and thereafter Mahabir Baraik gave a knife blow on the stomach of her husband. It has been alleged that when the informant came to rescue him she was also assaulted. On alarm having been raised several persons reached the place of occurrence at which the accused persons fled away. On the way for treatment to the Health Centre the husband of the informant died. It has been stated in the fardbeyan that the reason for the occurrence is that Mahabir Baraik had molested the daughter of the informant on account of which some altercation had taken place.;