D.G.R.PATNAIK, J. - (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 28-7-1999 and 29-7-1999 respectively passed by the learned Additional District and Sessions Judge, Simdega in S.T. No. 10 of 1998 by which both the appellants were convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment.
(2.) THE case was registered on the basis of the Fardbeyan of the informant Mangri Devi on 13-8-1997. Prosecution's case in brief is that in the morning of 13-8-1997, the informant's husband Kuar Pradhan along with her son Jagat Pal Pradhan went to plough their lands situated at Khijurban. Later, the informant's daughter Gaumati Devi (P.W.- 9) also went to the fields for transplantation of the paddy seedlings. At about 11.00 a.m. the daughter came home running and informed that her father and brother were killed by the accused Sudarshan Pradhan @ Sudar Pradhan and Janmu Pradhan. Narrating the manner of occurrence, she informed that while her father was ploughing the land and her brother was standing by the side of the ridge of the field, both the accused persons came there. The accused Sudarshan Pradhan was armed with a spade and started altercation with her father. At that time Janmu Pradhan caught hold of her father Kuar Pradhan and the accused Sudarshan Pradhan dealt a blow with the spade on the head of Kuar Pradhan and felled him on the ground. When her brother Jagat Pal Pradhan attempted to intervene, he was twice assaulted on his head by Sudarshan Pradhan. He too fell down on the ground sustaining injuries. Both the victims died at the spot. On this information, the informant ran to the place of occurrence where she found her husband and son lying dead. The police officer from the Orga Out Post arrived there and recorded her Fardbeyan. The motive of assault is stated to be land dispute. Both the accused persons happen to be the step brothers of the deceased Kuar Pradhan.
(3.) ON concluding the investigation, the Investigating Officer submitted chargesheet recommending trial of both the accused persons for the offence under Section 302/ 34 of the I.P.C. Both the accused pleaded not guilty to the charges and preferred to be tried.;