PRADEEP KUMAR, J. - (1.) HEARD the learned Counsel for the appellants and learned Counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 8.5.2000 passed by Sri Ram Snehl Thakur, 2nd Additional Sessions Judge, Bermo at Tenughat by which judgment both appellants were found guilty Under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life. Since, the pronouncement of judgment, appellant No. 1 is in jail custody. It is submitted by leaned Counsel for the appellants that appellant No. 2 is not named in the fardbeyan given by the sole eye witness of the case i.e. the informant, P.W.4 and such learned trial court has (sic) the appellant No. 2 only on the basis of the (sic) given by the witnesses during trial which has (sic) subsequently only to rope his wife (sic) the husband. He has further submitted that it will appear from the evidences of the witnesses , facts and circumstances disclosed by the informant, P.W.4 that he had no intention to commit the murder of the deceased, Mangri Devi who happened to be his brother's wife and also his own sister -in -law. It was just by chance that when heated exchange was going on between the informant and accused, Badho Kewat, then suddenly the deceased, Mangri Devi came and intervened. On that, appellant No. 1, Badho Kewat, suddenly brought a spade and gave one blow on her head. There is no repetition of blow and as such the conviction of Badho Kewat Under Section 302 of the I.P.C is also bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the state has submitted that it will appear from the evidences of the witnesses P.W.2, 3, 4 and 5, who are stated to be the eye witnesses, in the trial that both the appellant Badho Kewat and Akli Devi had participated in the assault of deceased, Mangri Devi and caused fatal blow to her due to which she died after reaching hospital. As such, no interference is required by the Hon'ble Court and the impugned judgment of conviction and order of sentence are in accordance with law and fact of the case.;