JUDGMENT :

(Sujit Narayan Prasad, J.) :-

The matter has been heard at length on behalf of the learned counsel for the parties.

2. This Court has perused the materials available on record,

3. This Court, after having heard the learned counsel for the parties, has dictated the judgment in the open Court in presence of learned counsel for the parties.

4. Both the appeals since arising out of common Judgment of conviction dated 11.02.1994 and Order of sentence dated 14.02.1994 passed by the 3rd Additional Sessions Judge, Singhbhum East at Jamshedpur in Sessions Trial No.06/1992 and as such, with the consent of the learned counsel for the parties, the appeals have been heard together and are being disposed of by the common judgment.

5. The instant appeals are against the Judgment of conviction dated 11.02.1994 and Order of sentence dated 14.02.1994 passed by the 3rd Additional Sessions Judge, Singhbhum East at Jamshedpur in Sessions Trial No.06/1992, whereby and whereunder, the appellants (in both the appeals) have been convicted under Section 302 read with Section 34 of the INDIAN PENAL CODE and they have been sentenced to suffer imprisonment for life under Section 302 read with Section 34 of the INDIAN PENAL CODE .

6. It has been submitted by the learned counsel for the appellants that the appellant, namely, Narayan Patar, one of the accused/appellant in Cr. Appeal No.64 of 1994 (R) has died on 07.09.1998 and this Court, vide order dated 13.03.2019, has abated the appeal against him.

7. The prosecution story in brief as per the first information report is that on 9th August, 1991 at 7:30 a.m. at Village Jagannathpur, Tola Purnadih, Police Station-Ghatshila, District-East Singhbhum, the Sub-inspector, namely, Maheshwari Prasad recorded the fardbeyan of the informant Janani Patar in the house of accused Narayan Patar. The informant alleged in her fardbeyan that her husband, namely, Prahalad impugned judgment and the lower court records. Patar used to go to Ghatshila for working as Mason and return therefrom in the night every day. On 8th August, 1991, the husband of the informant went to Ghatshila and when he did not return in the night, the informant stood at the door of her house looking northward of the road waiting for return of her husband.

It was at about 10 p.m., she noticed that her husband returning from north to village road. But she saw that as soon as on the way her husband reached in front of the house of the accused Narayan Patar, the said accused along with his wife Sonki Patrian [appellant in Criminal Appeal (DB) No.151 of 1995 (R)] and other accused persons, namely, Indrajeet Patar and Pagala Patar @ Sakhi Pater [appellants in Criminal Appeal (DB) No.64 of 1994 (R)] and two unknown came out of the said house and caught hold of her husband, Prahalad Patar. They took Prahalad Patar into the court-yard of the house where they started assaulting him by means of sharp edged portion of axes. The informant saw her husband being assaulted in the light of the laltern and torch from beside the wall of the house where she stood and rushed to defend her husband. But accused Narayan Patar chased her away and on this, she fled into her house and st