MATHAI MARANDI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) SINCE both the aforesaid appeals arise out of a common judgment, as such they were heard together and are being disposed of by this common judgment. These two appeals have been preferred against the judgment dated 26th July 1990 passed in S.T. No. 323 of 1984 by Shri Jugal Kishore Prasad, 2nd Additional Sessions Judge, Santhal Paragana at Dumka whereby the sole appellant Mangal Marandi in Criminal Appeal No. 494/1990 (P) has been convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life, whereas the other three appellants of Criminal Appeal No. 336 of 1990 (P) namely, Mathai Marandi, Nandlal Marandi and Suni Ram Marandi have been convicted for the offence under Section 302/34 IPC and sentenced them to undergo R.I. for life. The trial court has further convicted Suni Ram Marandi and Nandlal Marandi under Section 323 IPC and sentenced them to undergo R.I. for three months and both the sentences imposed upon them have been directed to run concurrently.

(2.) SINCE , no one appeared to press these appeals on behalf of the appellants and, therefore, we appointed Mr. Sagarmoy Banerjee, Advocate as Amicus Curiae to assist this Court on behalf of the appellants in both the appeals.

(3.) CHOTU Besra, nephew of Lakhan Besra lodged the Fardbeyan (Ext. 3) at Masanjore out -post on 29/06/1982 at 8.00 A.M. and on the basis of the said Fardbeyan the formal FIR (Ext. 4) was drawn up. After investigation, charge -sheet was submitted against all the four appellants and they were put on trial after framing charge against them under Section 302/34 IPC for causing the murder of Lakhan Besra and further for the offence under Section 323 IPC for voluntarily causing hurt to Sadhu Besra and Dhiba Besra.