- (1.) SINCE both the appeals arise out of the common judgment it were heard together and are being disposed of by this common judgment.
(2.) THE appellant, Ram Prasad Mandal having been found guilty for committing murder of one Baldeo Mandal was convicted under S.302 of the Indian Penal Code whereas the other appellants including Mahadeo Mandal and Thetho @ Titu Mandal @ Thetho Mandal (Both died during the pendency of this appeal) were convicted under S.302/149 of the Indian Penal Code and all of them were sentenced to undergo rigorous imprisonment for life. Further the appellant, Robin Mandal having been found guilty for an offence under S.307 of the Indian Penal Code for making an attempt on the life of Muli Mandal and Kalia Mandal was sentenced to undergo rigorous imprisonment for 7 years. He was further sentenced along with Ram Prasad Mandal, and Thakur Mandal to undergo rigorous imprisonment for two years under S.148 of the Indian Penal Code whereas all other accused were sentenced to undergo rigorous imprisonment for one year under S.147 of the Indian Penal Code. The case of the prosecution is that on 30-6-1986 at about 4 P.M. while Alosi Maldalain (PW 5) wife of the deceased was working inside the house, she heard some sound as if someone is breaking the roof tiles. When she came out; she saw the appellants, Jhupar Mandal, Congress Mandal and Salik Mandal breaking the tiles of her roof by lathi and then raised alarm. Upon it, all the three persons came to the house of the appellant Mahadeo Mandal (since died). Meanwhile, her husband (deceased) came running over there. On seeing him, the appellants, Mahadeo Mandal, Robin Mandal and Thetho @ Titu Mandal @ Thetho Mandal (since died) exhorted others to kill him. Thereupon, all the appellants came near his house along with 8-10 unknown persons and then appellant, Ram Prasad Mandal on the order of Mahadeo Mandal shot an arrow which hit on the chest of Baldeo Mandal, who died at the spot. In that occurrence Muli Mandal (PW 2) and Kaila Mandal (PW 3) also sustained injuries caused by arrow.
(3.) ON the next day at about 10.30 a.m., Chaukidar Harilal Mandal informed to one P.C. Malviyar (PW 7) the Officer - in - Charge, of Karon Police Station that some persons have sustained injuries in course of altercation in between Mahadeo Mandal and Baldeo Mandal. The Officer - in - Charge having entered the said information in the Station Diary (Ext. A) proceeded to the place of occurrence where he reached at about 4 P.M. and recorded Fardbeyan (Ext. 3) of Alosi Maldalain (PW 5) wife of the deceased wherein she disclosed that her husband, whose parents had died in his childhood, was brought up by Dasrath Mandal, father of the appellant Thetho @ Titu Mandal @ Thetho Mandal, who had given two bighas of the land to his husband which the appellants wanted to get it back and as such, they committed offence in the manner stated above. On the basis of said Fardbeyan, a case was instituted. After taking over the investigation, the Investigating Officer recovered four arrows (Exts. 1 to 3) from the place of occurrence which were seized under seizure list (Ext. 5). The Investigating Officer having found Muli Mandal (PW 2) and Kaila Mandal (PW 3) injured referred to them to Doctor for their examination. Accordingly, both were examined by Dr. Harihar Prasad Mandal (PW 8) who found the following injuries on the Kaila Mandal. Punctured wound 1/2" x 1 - 1/2" x 2" directing upward in front of left side of chest. Dr. also found following injuries on the person of Muli Mandal (PW 2) Punctured wound 1/2" x 1/2" x 2" directing upward on lateral side of right thigh. Injuries on. both the persons as per injury report (Ext. 7 and 7/1) were found to be simple.;