TARAPADA Vs. STATE

JUDGEMENT

(1.) THESE two appeals arise out of the same Judgment and can be disposed of by one common judgment. Accused Tarapada Shihi has been convicted under Section 304 read with Section 113, Indian Penal Code and has been sentenced to five years' rigorous imprisonment. The other six appellants in Criminal Appeal No. 22 of 1960 have been convicted under Section 304, Part II read with Section 34 of the Indian Penal Code, and, Ura Koya and Irma Koya have been sentenced to eight years' rigorous imprisonment each and the other four appellants Budhu Koya, Lakhan Koya, Dewa Koya and Prem Bahadur have been awarded a sentence of five years' rigorous imprisonment each,

(2.) THE appellant Tarapada Shihi is the manager of The Chikanmati Tea Estate. The prosecution case is that the deceased Amulya Ratan Ganguli was occupying a portion of the garden land without any authority and he had constructed a brick house on that land. On or about 3rd of December 1958 he had made that unauthorised construction. The manager reported the matter to the Police but the Police asked him to file a civil suit.

(3.) THE conviction of the other appellants rests upon the testimony of the two eye -witnesses - P.W. 3 Biswanath Mistri and P.W. 7 Budhu Koya.