- (1.) THESE two appeals arise out of the common judgment of learned trial court in S.T. No. 519 of 1999, whereby the appellants of the two appeals have been convicted and sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code and directed to pay a fine of Rs. 10,000/ - each and on default to undergo six months imprisonment under Section 17(i)(ii) of the Criminal Law Amendment Act. They have been further convicted under Sections 147 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and three years respectively.
(2.) THE said two appeals were heard together and are being disposed of by this judgment. The case was initiated on the basis of the fardbeyan of Chandra Ganjhu.
(3.) THE prosecution case, according to the fardbeyan, is as follows: '' (1) On 21.7.1995 the informant was ploughing his field alongwith Parmeshwar Ganjhu (deceased), Nemdhari Ganjhu and Akal Ganjhu. (ii) All of a sudden 15 -16 persons armed with gun arrived there and asked them to come out of the field and assembled at one place. When the informant and others went there, the accused persons tied their hands at the back side and took them to a Mahua tree near Piprahi Tanr. Budhan muttered that Parmeshwar (brother -in -law) of the informant is equal to ten persons and exhorted to kill him. Thereafter Budhan Ganjhu inflicted tangi blows on the neck and abdomen of Parmeshwar Ganjhu causing him serious injuries. Parmeshwar fell down on the ground. Thereupon other accused persons rained lathi blows on him, causing severe injuries, Parmeshwar succumbed to the injuries and died. The accused persons, thereafter, assaulted Nemdhari Ganjhu (P.W. 4) and Akal Ganjhu (P.W. 1). The accused persons, then untied their hands and released them and directed to leave the place. The reason of the occurrence is said to be land dispute. ;