IMPORTANT POINTS
Contradictory stands taken in statement u/s 313 CrPC and during arguments goes against the accused.
When there is no contradiction between the medical and ocular evidence, conviction cannot be faulted.
Due credence needs to be accorded to evidence of injured witnesses.
When group of persons come to the place of occurrence armed with deadly weapons, their intention and purpose would be more than apparent.

JUDGMENT

A.K. Sikri, J.

These appeals are preferred by two appellants, named, Khelawan Yadav and Baleshar Mahto (hereinafter referred to as A-1 and A-2 respectively). While A-1 has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, 'IPC') and also under Section 27 of Arms Act, for which he is sentenced to undergo Rigorous Imprisonment (RI) for life, A-2 has been found guilty for the offence punishable under Section 307, IPC and also Section 27 of the Arms Act. Sentence awarded to him is RI for 7 years under both counts. The aforesaid conviction and sentences given by the Sessions Court have been upheld by the High Court vide its common judgment dated 13th March, 2013 in the two separate appeals preferred by these appellants. It is this judgment which is impugned by the appellants in these appeals.

2. Case against the appellants, as set up by the prosecution was that Anandi Prasad (PW-7) along with his father, Lala Mahto and brother Bindeshwar Prasad had gone to their field to sow paddy seeds. While they were plowing the field, A-1 armed with rifle, Dulli Mahto armed with lathi, Rajendra Mahto armed with gun, Arun Yadav armed with gun, Umesh Prasad armed with garasa, Subhash Prasad armed with bhala, Baleshwar Mahto (A-2), Siwan Mahto armed with gun, Ram Bilas Yadav armed with Garasa, Surendra Yadav armed with gun, Ram Lagan Prasad armed with gun came there. A-1 questioned Anandi Prasad (PW-7) for their aforesaid act as according to A-1 those fields belonged to him. PW-7, however, resisted this claiming that these were their fields which they were plowing. This resistance on the part of PW-7 led Dulli Mahto to exhort others to kill PW-7 and his father and brother. Khelawan opened fire from his rifle and the firing of which hit on the head of Lala Mahto and his head was smashed and he felled down there. Baleshwar also pened fire which hit on the left shoulder of Anandi and also on his head. Rambilahs hit him on his head with 'grasa'. Umesh also hit on the head of Bindeshwar, the brother of Anandi. Duli hit them with 'lathi' other accused had also opened fire due to which no body could dare to come there. Lala Mahto, father of PW-7 succumbed to the injuries inflicted by the aforesaid persons.

3. PW-7 informed Bind Police Station about the aforesaid incident by giving his Fardbeyan (Exhibit 9). In his Fardbeyan, PW-7 also mentioned that Brahmdeo Sao, Kameshwar Prasad and Ramu Sao had witnessed the aforesaid occurrence. FIR was registered on the basis of the said Fardbeyan and investigation commenced thereafter. On the conclusion of the investigation, the charge-sheet was submitted under Sections 302 and 307, IPC as well as under Section 27 of the Arms Act for causing murder of Lala Mahto and attempt to murder for PW-7 and his brother Bindeshwar Prasad. All the accused persons were put on trial. The trial court found A-1 and A-2 guilty of the offences, as mentioned above, but acquitted all others. Against the acquittal of other accused persons, challenge was not laid by the State or the complainant and, therefore, their acquittal attained finality. However, these appellants filed their separate appeals challenging the conviction and sentences awarded by the trial court in which attempt they have failed as the High Court has found the appeals to be devoid of any merits. During the pendency of the appeal before the High Court, the appellants were given bail by suspending their sentences, the High Court, therefore, directed them to surrender before the trial court to serve out their sentences.

4. In the SLPs filed by the appellants, leave was granted on 21st February, 2014. Thereafter, on 13th October, 2014, A-2 was released on bail. Insofar as A-1 is concerned, he was not granted bail and, therefore, he has remained in jail during the pendency of these appeals.

5. Mr. Abhinav Mukherji, counsel and Mr. Nagendra Rai, learned senior counsel appeared for these two appellants to argue these appeals.