(Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI)

1. Appellants Harminder Mandal, Pancha Mandal @ Pancha Nand Mandal, Prakash Mandal @ Jai Prakash Mandal, Mangan Mandal (since deceased), Dhanraj Mandal, Sharda Devi, Talasho alias Tarawati Devi have been found guilty for an offence punishable under Section 302/149 and been directed to undergo R.I. for life for offence under Section 201 of the IPC and they have been sentenced to undergo R.I. for five years each under Section 148 IPC no separate sentence has been awarded. Harminder Mandal, Pancha Mandal @ Pancha Nand Mandal, Mangan Mandal (since deceased), Dhanraj Mandal have separately been held guilty for offence under Section 27 of the Act but no separate sentence was passed and further direction was that the sentences would run concurrently vide judgment dated 29.01.1988 passed by Fourth Additional Sessions Judge, Bhagalpur in Sessions Trial No.203 of 1986 / 11 of 1987. Aggrieved have filed instant appeal.

2. PW-8, Khokha Mandal gave his fardbeyan (Exhibit-5) on 05.10.1985 at village-Mirachak near the house of Narayan Mandal along with his brother-in-law Laxman Mandal, co-villagers Ganesh Mandal, Dibbu Tanti, Anirudh Tanti, Tanik Tanti, Sambhu Prasad Tanti, Subodh Mandal disclosing therein that on the same day at about 07:00 AM he along with Dibbu Tanti, Ganesh Mandal, Anirudh Tanti, Tanik Tanti along with Ramdas Mandal, Mukhiya had gone to the house of Arjun Pandit on tea and about 08:30 AM the proceeded towards brick-kiln through Mirachak village. At about 08:45 AM when they came in front of house of Naresh Mandal, Harminder Mandal came and asked Mukhiya to stop which they refused. In the midst thereof, Pancha Mandal @ Pancha Nand Mandal, Prakash Mandal @ Jai Prakash Mandal, Mangan Mandal , Dhanraj Mandal all armed with country made pistol save and except Prakash Mandal @ Jai Prakash Mandal who was armed with Garasi came and chided them. Thereafter, they directed to leave the place. Harminder Mandal shot at Mukhiyajee which struck him. Mukhiya Ramdas Mandal, sleeping in the house of Karu Mandal, to save his life got the door bolted from inside. Thereafter, all the accused persons broke open the door, intruded inside the house and assaulted Mukhiyajee with Garasi, fat and firing. Thereafter, Harminder Mandal dragged Mukhiyajee from the house of Karu to his own house where his wife Sharda Devi and sister Talasho alias Tarawati Devi murdered him by giving Garasi blow. They began to carry the dead body of Mukhiyajee towards river the Ganges but seeing the persons rushing from brick-kiln, miscreants fled away leaving the dead body. During said course sister of Harminder Mandal, namely, Talasho alias Tarawati Devi was apprehended. There was blood stain over her hand, body as well as over the cloth. Then Dibbu Tanti, lifted dead body of Mukhiyajee in front of his house. The motive for the occurrence has been shown to be prevailing land dispute amongst the parties.

3. After registration of the case, investigation was taken up and after completion of the same charge sheet was submitted whereupon cognizance was taken. Appellants were put on trial after commitment whereunder they have been convicted and sentenced in the manner as referred above. Hence this appeal.

4. Defence case as is evident from the mode of cross-examination as well as settlement recorded under Section 313 of the Cr.P.C., is of complete denial of the occurrence. Plea of innocence as well as false implication in the background of prevailing animosity amongst the parties have also been taken up. Defence has also exhibited certain documents. No D.W. has been examined.

5. While assailing the judgment of conviction and sentence, it has been argued on behalf of appellants that the judgment impugned suffers from conjectures and surmises. To support the same it has been submitted that right from PW-1 the prosecution had given a gobye to the narration as pleaded by the informant in his fardbeyan and has given a ne