JUDGMENT:

ARIJIT PASAYAT, J. - Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Jharkhand High Court dismissing the appeal filed by the appellant. Three appeals were filed by ten accused persons. In all there were 11 accused persons who were convicted. Appellants Latu Mahto and Nanu Chand Mahto along with one Khiru Mahto had filed Criminal Appeal No.384 of 2000 (R). Five others had filed Criminal Appeal No. 362 of 2000 (R).They were convicted for offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC). Two others had filed Criminal Appeal No. 411 of 2000(R) and they were found guilty of offence punishable under Section 302/34 and 302/149 IPC.

3. Prosecution version as unfolded during trial is as follows:

Informant Phulchand Mahto was planting sweet potato alongwith Buddhu Mahto (hereinafter referred to as `deceased) in the morning of 17.7.1987 in the field situated near their house in village Taranari, Tola-Beharatand, when appellants Kartik Mahto, Sukar Mahto and Bhim Mahto came there with bullock to plough and tried to plough the field belonging to them. This was protested to and they were forced to retreat by the informant side. However, within a short time, all the above named accused persons along with appellants Beni Mahto, Manjhi Mahto, Nunuchandra Mahto, Latu Mahto, Koyla Mahto, Khiru Mahto, Mahru Thakur returned armed variously with Bhakuwa, farsa, sword, lathi, bows and arrows. According to the informant, appellant Beni Mahto was carrying Bhakuwa, appellant Kartik was carrying sword, appellant Koyal Mahto was carrying Farsa, appellant Khiru Mahto was carrying Ballam, appellant Sukar Mahto was carrying bow and arrows, appellant Nunuchand was carrying Tangri, and appellant Bhim Mahto was carrying Bhakuwa and others were carrying lathi.

4. According to informant Phulchand Mahto (PW4), deceased was given Bhakuwa blow by appellant Beni Mahto on his neck after which he fell down. Thereafter, Kartik Mahto started giving sword blows on his father causing various injuries on his body. It is further asserted that when the informant and his uncle Bhola Mahto tried to intervene, they were also assaulted. Appellants further assaulted Sanjhwa Devi and one Lakhan Mahto, who were ploughing the field nearby. During this incident, appellant Sukar Mahto was shooting arrows. The informant and other injured witnesses raised alarms on which the villagers arrived there and saw the occurrence. The appellants thereafter fled away. The reason behind this incident was said to be dispute regarding Gairmajarua land which was possessed by the informant since long. The father of the informant, Budhu Mahto died on the spot.

5. The matter was reported to Nawadih Police, which arrived at the spot in presence of witnesses and started investigation. The police prepared inquest report of the dead body of Budhu Mahto and seized bloodstained Bhakuwa, soil and seven arrows from the spot in presence of witnesses. On the basis of the fardbeyan, Nawadih P.S. Case No.38 of 1987 was registered under Sections 147,148,149,323,324,307,302 and 447 IPC. The police completed investigation and finally submitted charge sheet against eleven accused persons who were charged under Sections 326,147,148,447and 302/149 IPC to which they pleaded not guilty. They were further charged under Section 302/34 IPC.

6. The main defence taken by the appellants was false of implication. They also claimed that they were ploughing the land in question since long. However, the learned trial court after examining the witnesses found and held all of them guilty of offence punishable under Section 302/149 IPC. The learned trial court further found and held guilty appellants Beni Mahto and Kartik Mahto in Criminal Appeal No.411 of 2000(R) under Section 302/34 IPC. All the appellants were sentenced to serve rigorous imprisonment for life for the offences proved against them. However, they were not sentenced