(1.) This criminal appeal has been filed by the appellants, namely, Lal Mohan Singh son of Lakhi Narayan Singh, Jyoti Singh son of Doman Singh, Fani Singh son of Shiv Prasad Singh, and Pati Singh son of Doman Singh, challenging the Judgment of Conviction and Order of Sentence dtd. 7/12/1995 passed by the Sessions Judge, Bokaro, Camp at Tenughat in Sessions Trial No.205 of 1995 / 50 of 1989 arising out of Kasmar Police Station Case No.72 of 1988, whereby these appellants have been convicted under Ss. 302/34 of the Indian Penal Code and thereafter sentenced to undergo imprisonment for life.
(2.) During the course of argument, it has been brought to the notice of this Court that appellants Nos.1, 2 and 4 (corresponding accused Nos.1, 2 and 3) have died. There is no petition for substitution. Thus, this appeal qua appellants Nos.1, 2 and 4, namely, Lal Mohan Singh, Jyoti Singh and Pati Singh, respectively, stands abated.
(3.) Informant in this case is Govind Singh. Initially was injured, but later expired. His fardbeyan was recorded in Kasmar State Dispensary, wherein he stated that on 29/8/1988, he was going to Tenughat Court. When he reached near the garden of Kishori Singh in village Thakur Para, PS Kasmar, District Giridih (Now Bokaro), all the four accused persons attacked him with a farsha (Sharp cutting weapon), lathi and iron rod. Accused Pati Singh (now dead) had given a farsa blow on the head of the deceased and the remaining three accused assaulted him with iron rod and lathi. Govind Singh raised an alarm, when Chamu Singh (P.W.6) and his son Bhola Singh (P.W.1) reached the place of occurrence and confronted the accused. The accused, thereafter, fled from the place of occurrence. Govind Singh, in an injured condition, was taken to the house of Chamu Singh, where the other family members of Govind Singh assembled thereafter he was taken to the police station to give the information. He stated that there was on going land dispute between his family and Pati Singh and a case is also pending. On the basis of aforesaid fardbeyan of Govind Singh, Kasmar Police Station Case No.72 of 1988 was instituted under Ss. 341, 324, 323, 307/34 of the Indian Penal Code. Later on Govind Singh succumbed to the injuries, resulting in addition of Sec. 302 of the Indian Penal Code. The police, after investigation, submitted chargesheet under Ss. 302/34 of the Indian Penal Code. The accuses were put on trial. They pleaded not guilty as they denied the charge.