- (1.) . Both the appellants having been found guilty for committing murder of one Phocha Mahto were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution is that on 27.6.1987 at about 6 a.m., Phocha Mahto (deceased) had come to plough his land along with his wife, Ghamia Mahatwain, the informant, P.W. 3. While the deceased, Phocha Mahto, was ploughing the land, appellant, Horil Mahto, suddenly came over there and caught hold of leg of Phocha Mahto, who any how got himself released from his clutches and started running away but both the appellants caught hold of him after chasing to some distance and made him fall on the field and then appellant -Ganesh Mahto inflicted knife injuries over the face of Phocha Mahto and appellant -Horil Mahto assaulted him with the back portion of the spade. On hearing hulla, several persons came over there, but the accused persons fled away from there. When S.B. Upadhyay, S.I., Madhupur Police Station, came to the place of occurrence, he recorded the fard beyan (Ext. 3) of the informant, Ghamia Mahatwain. Thereupon, the matter was taken up for investigation by said S.I., S.B. Upadhyay, who held inquest on the dead -body and prepared Inquest Report (Ext. 4). Thereupon, the dead -body was sent for postmortem examination which was conducted by Dr. Narendra Kumar Singh, P.W. 11 who found the following injuries on the person of the deceased. "1. Crush injury of right side of face with fracture of mandible and maxilla of right side. 2 On the right side the eye ball was ruptured due to crush injury. Incised wound on the right side of cheek 1 1/2  x 1/2  x bone deep.
(3.) INCISED wound on the right Auricle (ear) 1  x 1/2  x skin deep.;