SIA SARAN BELDAR Vs. BINOD BELDAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Additional Public Prosecutor representing the State.

(2.) All the three criminal appeals being Cr. Appeal (DB) No.404 of 1994 filed by appellants Sia Saran Beldar and Chandrika Beldar, Cr. Appeal (DB) No.461 of 1994 filed by appellant Congress Beldar and Cr. Appeal (DB) No. 469 of 1994 filed by appellant Binod Beldar have been preferred against the judgment of conviction and sentence order dated 9th August, 1994 passed by learned Additional Sessions Judge-III, Nalnda (hereinafter referred to as 'trial court') in Sessions Trial No. 220/24 of 1993/93 by which and whereunder the above stated appellants have been convicted for the offence punishable under sections 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life thereunder. Since, these criminal appeals have been arisen out from one and same judgment, as such, they are being heard and disposed of by this common judgment.

(3.) The prosecution's case, lodged on the fard beyan of PW 1, the informant Smt Dhanmanti Devi before the Officer in charge of Talmore Outpost on 8.7.1992 at 8 PM at her house, in brief is that on 8.7.1992 at about 7 PM, when her husband Shiya Beldar (hereinafter referred to as 'the victim') was returning to his house after buying Biddi, the appellants, namely, Congress Beldar, Rajendra Beldar, Chandrika Beldar, Binod Beldar and Sia Saran Beldar, armed with kakut (garasi) caught hold of the victim near his house and started dragging him towards north. On being asked by him, accused Rajendra Beldar replied that he will be killed in place of his brother. Informant requested them not to kill her husband. Meanwhile, as soon as they reached in front of the door of accused Rajendra Beldar, the accused persons started assaulting on the back portion of his neck with garasi. Thereafter, Rajendra Beldar pushed him lying on the back and assaulted on his neck, cheek and temporal region. Informant, her father-in-law, mother-in-law and son of elder brother of the victim tried to save him but accused Binod Beldar and Congress Beldar warned them of dire consequence. The accused persons tried to carry the dead body with themselves towards the west side of the river but due to arrival of Pokhan Jamadar, Sadan Jamadar, Srichand Jamadar and some villagers the accused persons, leaving the dead body in the river beds, fled away towards the west. Motive alleged for the occurrence is that there was old enmity between the parties and about two months ago victim's elder brother Dukhit Beldar had altercation with co-accused Rajendra Beldar and appellant Sia Saran Beldar and on account of fear Dukhit Beldar shifted to Patna for working as labourer.