MATAL MARAIYA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State.

(2.) The appellants are aggrieved by the impugned Judgement of conviction and Order of sentence dated 31.01.1996, passed by the learned Sessions Judge, Sahibganj, in S.C. No. 393 of 1982, whereby, the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, they have been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case is based on the fardbeyan of the informant, Jitni Turin, the wife of the deceased Mahadeo Turi, recorded on 8.4.1980 at Barhait hospital, wherein she has stated that on the previous day, i.e., on 7.4.1980, she and her husband were returning from some relationship and they had gone to see their land, situated nearby her house. It is alleged that the accused persons, Chandar Maraiya and Matal Maraiya had constructed their house on the land, for which, there was a dispute in the Court of B.D.O. As soon as they reached near the land, it is alleged that both the accused persons assaulted the husband of the informant by lathi, causing bleeding injuries, whereupon her husband fell down. He was again assaulted in his mouth by lathi, breaking his tooth. Her husband was brought to the hospital for treatment, where the fardbeyan of the informant was recorded, on the basis of which, Barhait P.S. Case No. 04 of 1980, corresponding to G.R. No. 101 of 1980, was instituted for the offences under Sections 325, 323, 307 of the Indian Penal Code, against the accused persons and the investigation was taken up. It appears that the deceased subsequently died and after investigation, the police submitted the charge-sheet under Sections 325, 323, 307 and 302 of the Indian Penal Code.