- (1.) Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the impugned Judgement of conviction dated 19.12.2000 and Order of sentence dated 20.12.2000, passed by the learned Additional Sessions Judge-1, Bermo at Tenughat, in S.T. No. 312 of 1989 / 116 of 1994, whereby, the appellants have been found guilty and convicted for the offences under Sections 302 / 34 and 148 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo rigorous imprisonment for life for the offence under Sections 302 / 34 of the Indian Penal Code, and rigorous imprisonment for one year each, for the offence under Section 148 of the Indian Penal Code, and both the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Ganesh Mahto, the son of the deceased Chaman Mahto, recorded at the place of occurrence, in village Khetako, P.S. Petarwar, in the then District of Giridih, on 27.5.1980 at about 15:00 hours, wherein he has stated that on the same day in the morning at about 9:00 A.M., his father had gone to the paddy field and was driving out the lambs and goats from his field, when all the accused persons named by the informant, including these appellants, came there variously armed and assaulted his father by sharp cutting weapons, causing his death at the spot. Nunchand Mahto, Tuna Mahto and Bishun Mahto came to the rescue of his father, and they were also assaulted and injured by the accused persons. Stating that the occurrence had taken place due to the land dispute between the parties, the fardbeyan was given by the informant, on the basis of which Peterwar P.S. Case No. 17(5) of 1980, corresponding to G.R. No. 350 of 1980 was instituted against the named accused persons, for the offences under Sections 147, 148, 149, 302 and 326 of the Indian Penal Code, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.;