ORDER :

Per Rongon Mukhopadhyay, J.

Heard Mr. A.K. Kashyap, learned Senior Counsel for the appellant and Mrs. Nehala Sharmin, learned Spl. P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 28.01.2011 (sentence passed on 31.01.2011) passed by Shri Sanjay Kumar Chandhariyavi, learned 3rd Addl. Sessions Judge, (F.T.C.), Jamtara in S.T. No. 160A/1999, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302/149/148/452 of the IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs. 500/- for the offence u/s 302/149 IPC and in case of default in payment of fine to undergo further S.I. for 15 days, 01-year S.I. for the offence u/s 148 of the IPC, 02 years S.I. along with a fine of Rs. 200/- for the offence u/s 452 of the IPC and in case of default in payment of fine to undergo S.I. for 10 days. All the sentences were directed to run concurrently.

3. The prosecution case arises out of the fardbeyan of Purni Devi recorded on 19.11.1998, in which, it has been stated that on the same day Bisheswar Mandal, Dineshwar Mandal, Gurusai Mandal, Aklu Mandal all armed with farsa, Beni Mandal, and Pati Mandal both armed with lathi entered into the house of the informant and caught hold of Dhankistu Mandal, the husband of the informant who was playing marbles with his son. Gurusai Mandal had assaulted the husband of the informant with a farsa on head while Pati Mandal assaulted the informant on her leg with lathi. Dhankistu Mandal managed to free himself but he was accosted by all the accused persons who took him near the house of Bisheswar Mandal where Bisheswar Mandal assaulted Dhankistu Mandal on his head with farsa and the other accused persons also committed assault upon him. Bisheswar Mandal was goading others to do away with the life of Dhankistu Mandal. As a result of the concerted assault the husband of the informant died at the spot. When Haribol Mandal the brother-in-law of the informant came to save Dhankistu Mandal he was also subjected to assault. It has been alleged that Jalsi Devi, Beni Devi, Mursi Devi had assaulted the informant with fists and legs and were not allowing the informant to take away the dead body.

Based on the aforesaid allegations Narayanpur P.S. Case No. 104/1998 was instituted. On completion of investigation charge sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 160A/1999. Charge was framed against the accused u/s 148, 452, 302/149, 307/149 of the IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as ten witnesses in support of its case.

5. P.W.1 (Purni Devi) is the informant and the wife of the deceased who has stated that the incident had taken place on a Thursday about five and a half years back. She was in her house and so were her husband Dhankistu Mandal and her son Pawan. When Dhankistu Mandal was going to have a bath Bisheswar Mandal, Gurusai Mandal, Aklu Mandal, Dineshwar Mandal, Beni Mandal and Pati Mandal entered into her house and demanded meat and rice from her husband but her husband showed his inability to meet such demand due to shortage of money. At this, Gurusai Mandal assaulted on the head of her husband with a farsa and blood started oozing out from the wound. When she caught hold of her husband Pati Mandal had assaulted her with a lathi which resulted in her finger getting fractured. When she loosened her grip over her husband he was taken away by the accused persons. Her husband was taken towards the house of Bisheswar Mandal where he was subjected to assault by all the accused persons. She has stated that Bisheswar Mandal was threatening to finish off her husband. Her husband died at the spot. Her brother- in-law Haribol Mandal came running to the place of occurrence and asked her how everyt