PARAMANANDA MAHAKUD Vs. STATE

JUDGEMENT

(1.) APPELLANT No. 1 has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life. Appellant No. 2 has been convicted under Section 324, I.P.C. and sentenced to R.I. for one month.

(2.) ONE Rathi Mahakud had four sons - Taleswar, Boleswar, Paramananda (accused No. 1) and Bidyadhar (the deceased). On Jaleswar's death his widow Agadhoi remarried Bholeswar though the latter's first wife Nila was alive Mahendra (accused No. 2) and Bhimendra (D.W. 1) are the sons of accused No. 1. Sudam (P.W. 1) and Trinath (P.W. 10) are the sons of the deceased. On the death of Bholeswar, Nila and Agadhoi succeeded to 2.27 acres each. On Nila's death in 1958 there was litigation between Agadhoi and accused No. 1 in respect of Nila's share of 2.27 acres. To meet the litigation expenses these 2.27 acres were sold by Agadhoi to the deceased about 3 to 4 years ago.

(3.) THE next question for consideration is whether the prosecution has established that the deceased and P.Ws. 1 and 10 were in possession of the disputed land and whether they cultivated and sowed, paddy thereon in the beginning of the agricultural year 1964. P.W. 1 stated thus :