JUDGMENT

Chandrashekhar, J. - Affidavit dated 09.08.2019 has been filed by Sylvester Kerketta, Sub-Inspector of T. Tanger Police Station, District-Simdega stating that the appellant, namely, Mogla Chik has died during pendency of these criminal appeals. On death of Mogla Chik, the Sub-Inspector of T. Tanger Police Station has produced death certificate issued by Mukhiya of village-Joram.

2. Mr. Avishek Prasad, the learned counsel who appears for the appellant, namely, Mogla Chik states that he has received no instruction to file an application for impleadment of legal heirs and successors of Mogla Chik in his place.

3. Accordingly, Criminal Appeal (DB) No. 1714 of 2003 qua the appellant, namely, Mogla Chik has abated.

4. Three persons were named as accused by Etwari Devi in her fardbeyan which was recorded at about 15:30 hrs. on 26.06.1996. On the basis of her fardbeyan, T. Tanger P.S. Case No. 25 of 1996 has been registered against Mogla Chik, Sundar @ Sudar Chik and Somaru Chik under section 302/34 of the Indian Penal Code.

5. In S.T No. 278 of 1996, the appellants have faced the trial on the charge under section 302/34 of the Indian Penal Code and they have been convicted and sentenced to R.I for life for the said offence.

6. During the trial the prosecution has examined 9 witnesses; Etwari Devi is P.W.9. Her daughter, namely, Angni Devi-P.W.7 and son-in-law, namely, Tharlu Nag-P.W.6 have also been examined as eye-witnesses.

7. The informant is mother of Bambi Chik, the deceased. In her fardbeyan, she has stated that last evening at about 8:00 p.m Bambi Chik had come back home and after dinner they were gossiping. At about 10:00 p.m, Mogla Chik and Sundar @ Sudar Chik came to her house and called her son outside. When her son went outside Mogla Chik asked him about whereabouts of his mother and both the accused persons started assaulting him with fists indiscriminately whereupon her son fell on the ground. The informant has stated that both the accused persons continued to assault her son even after he had fallen on the ground and even she tried to intervene but they did not stop and were threatening to kill her son. In the meantime, a co-villager, namely, Somaru Chik came there and asked the accused persons to take Bambi Chik to the Sarpanch. Thereafter Somaru Chik tied her son with a rope and dragged him towards school. When she raised cries her daughter and son-in-law came there, however, afraid, they did not intervene. After sometime, Mogla Chik and Somaru Chik brought her injured son and left him on the Varandah and after sometime he died.

8. The informant has been examined in the court as P.W.9. She has spoken about Mogla Chik and Sundar @ Sudar Chik coming to her house in the evening of 25.06.1996 and Mogla Chik asking her son about whereabouts of his mother. She has stated that Mogla Chik and Sundar @ Sudar Chik have assaulted her son with fists and all the three accused persons have dragged her son towards school. After sometime they have brought back her son and left him on the Varandah of her house. She has seen blood oozing from mouth, nose, ear and eyes of her son. Her son-in-law, namely, Tharlu Nag-P.W.6 and her daughter, namely, Angni Devi-P.W.7 have also claimed that they have seen the accused persons assaulting Bambi Chik. They have also deposed that the accused persons dragged Bambi Chik to the Mission School and after sometime they brought him back and left him on the Varandah.

9. On presence of P.W.6 and P.W.7 at the place of occurrence and at the time of occurrence, we find that the informant has disclosed their presence at the place of occurrence, at the first instance itself. In her fardbeyan, she has stated that when she raised cries her daughter and son-in-law came there and they have seen the accused persons taking away Bambi Chik. It has come in the evidence of P.W.6 and P.W.7 that they are residing just adjacent to the house of the informant. On such evidence, their presence atleast at the time wh