The main legal point established in the judgment is the stringent requirement to prove the common object of the unlawful assembly and the knowledge of its members regarding the likely commission of the offence under section 149 of the Indian Penal Code.

JUDGMENT :

Shree Chandrashekhar, J.

1. Sixteen persons were put on trial in Sessions Trial No.117 of 1996/112 of 1997 on the charge under section 302/149 of the Indian Penal Code for causing murder of Lal Mohan Mahali, under section 307/149 of the Indian Penal Code for attempting murder of Konda Mahali, Sona Mahali and Bhodesh Mahali and under section 379/149 of the Indian Penal Code for theft of the paddy crops.

2. During the trial, the accused, namely, Manu Dhibar has died and therefore trial in his respect has abated.

3. During pendency of this criminal appeal, the appellants, namely, Mukund Mahali, Saheb Dhibar, Andu Dhibar and Dhonda alias Bhonda Dhibar have passed away and, accordingly, this appeal qua the appellants, namely, Mukund Mahali, Saheb Dhibar, Andu Dhibar and Dhonda alias Bhonda Dhibar has abated. It has also been brought on record that in the mean-time, the appellants, namely, Mangla Mahali and Rabi Mahali after serving a part of the sentences inflicted upon them have been released, on remission.

4. Mr. Swapan Maji, the learned counsel for the appellants has not pressed this criminal appeal on merits qua the appellants, namely, Mangla Mahali and Rabi Mahali.

5. The appellants have been convicted and sentenced to R.I for life under section 302/149 of the Indian Penal Code, R.I for six years under section 307/149 of the Indian Penal Code, R.I for two years under section 379/149 of the Indian Penal Code.

6. Sona Mahali is the informant in this case. He is brother of Lal Mohan Mahali, the deceased. On the basis of his fard-beyan which was recorded on 12.11.1995, Dalbhumgarh P.S Case No.48 of 1995 has been registered against 16 persons. During the trial, the prosecution has examined 8 witnesses; the informant is P.W 1. The prosecution witness, namely, Konda Mahali who is an injured witness has been examined as C.W 1. The accused-appellants have examined one witness, namely, Basudeo Kujur as D.W 1.

7. The prosecution has projected P.W 1-Sona Mahali, P.W 2-Bhodesh Mahali, P.W 4-Saheba Mahali and C.W 1-Konda Mahali as eye-witness.

8. The prosecution case as narrated by the informant in his fard-beyan is that; on 11.11.1995 the accused persons variously armed with tangi, balua, sword, sickle, lathi and bow-arrow came to his paddy field and started cutting the paddy crops, whereupon the informant along with his brothers, namely, Lal Mohan Mahali, Konda Mahali and Bhodesh Mahali went there and objected to cutting of the paddy crops by the appellants. Amongst the appellants, Mukund Mahali, Mangla Mahali and Rabi Mahali assaulted his brother Lal Mohan Mahali with tangi of his head, right hand and back. When the informant and his other brothers tried to intervene, Suklu Kaibarta assaulted the informant with sword on his left hand, Raitu Kaibarta assaulted him on his head, Mangala Mahali assaulted Bhodesh Mahali with tangi on his head and Mangala Dhibar assaulted Konda Mahali with sword which injured his nose. They brought Lal Mohan Mahali to house and then took him to the hospital but within two hours he has succumbed to the injuries. The informant and other two injured witnesses were taken to Dalbhumgarh hospital where they were treated by Dr. Yogeshwar Ram.

9. The informant has been examined as P.W 1. He has again narrated a similar story of the occurrence which had happened in the morning of 11.11.1995 in his paddy field. He has seen the appellants armed with tangi, sword, lathi, sickle etc. and when his elder brother Lal Mohan Mahali objected to cutting of their paddy crops he was first assaulted by the accused, namely, Mukund Mahali, Mangla Mahali and Rabi Mahali. The informant and other two prosecution witnesses were also assaulted by the accused-appellants. P.W 2 is cousin of the informant and P.W 3 and P.W 4 are the nephew of the informant. C.W 1-Konda Mahali is cousin of the informant. These prosecution witnesses have also stated that the accussed-appellants and Munu Dhibar, who has died during the trial, were tryi