Per Sujit Narayan Prasad, J.

1. The instant appeal is directed against the Judgment of conviction dated 19.12.1997 and order of sentence dated 22.12.1997 passed by learned 1st Additional District and Sessions Judge, Godda, in Sessions Trial No.216 of 1996 / 146 of 1996 by which the appellants have been convicted under section 302/34 of the Indian Penal Code (IPC) and have been directed to undergo imprisonment for life.

2. Before proceeding further, it is pertinent to mention that appellant Deoghari Raut in Criminal Appeal (D.B.) No. 4 of 1998(P) died during the pendency of the instant appeal and, as such, the appeal qua Deoghari Raut was abated by order dated 21.03.2025, passed by the Co-Ordinate Bench of this Court.

3. Further, on perusal of counter affidavit dated 28.02.2025, filed by the respondent, wherein it has been stated that appellant Tetru Yadav in Criminal Appeal (D.B.) No. 64 of 1998(P) has died during the pendency of his appeal. Hence, the appeal qua Tetru Yadav, stands abated.

Factual Matrix

4. The prosecution case was instituted on the fardbayan of the informant Ram Krishna Yadav (P.W.-10) son of Nar Singh Yadav of village Mal Pakariya, P.S Godda(T), District-Godda recorded on 11.06.1996 at about 11.15 hrs., at Sadar Hospital, Godda.

5. The prosecution case, in brief, as per the ferdbeyan of the informant Ram Krishna Yadav (P.W.-10 ) is that on 11.06.1996 at about 5.30 AM, in the morning, informant’s cousin brother (chachera bhai) Ram Prasad Manjhi (deceased) resident of village Ghat Pakariya, P.S Godda(T), had gone for ploughing his field, situated at north of the village Ghat Pakariya near Hathha Bandh and at that time informant had also gone to towards Hathha Bandh, to see his farm.

6. Informant further stated that in the meantime, accused persons Rajendra Yadav, Devo Yadav, Mitti Yadav, Fanishwar Yadav, Babulal Yadav, Mahendra Yadav, Tetru Yadav, Hardev Yadav, Deoghari Raut armed with lathi, bhala etc. came to the place where his cousin brother Ram Prasad Manjhi was ploughing the field and restrained him from ploughing the field.

7. Informant has further stated that accused Rajendra Yadav and Devo Yadav opened the plough and oxen and said that the land belonged to them and they will not allow him to plough the field to which his cousin brother Ram Prasad Manjhi protested.

8. Then, accused Deoghari Raut exhorted to assault, then, Babulal Yadav and Mitti Yadav, caught hold Ram Prasad Manjhi and Hardev Yadav, Mahendra Yadav and Tetru Yadav assaulted Ram Prasad Manjhi, with lathi as a result both of his legs were broken and he sustained injuries on his back, left temporal and thereafter, Ram Prasad Manjhi fell down and became unconscious.

9. Informant raised halla and on his halla, villager Bharda Yadav (P.W.-7), Suren Yadav (P.W.-8), Sharif Yadav (P.W.-9) and others came running there and saw the attack.

10. Informant further stated that he along with Jai Kishore Yadav (P.W.-4) and Vishnu Yadav (P.W.-2), carried his injured cousin brother Ram Prasad Manjhi, on a handcart to the Sadar Hospital, Godda for treatment, where his cousin brother Ram Prasad Manjhi, died during the treatment.

11. On the basis of fardbeyan of the informant, Godda (T) P.S. Case No.129 of 1996 dated 11.06.1996 was registered against the accused persons/appellants under Section 302/34 of the IPC. After completion of investigation, the police submitted charge sheet No.50 of 1996 against the accused persons/appellants under section 302/34 of the IPC.

12. After cognizance of the offence, the case was committed to the Court of Sessions. Charges under Sections 302 of IPC was framed against the accused persons/appellants Tetru Yadav, Hardev Yadav and Mahendra Yadav and under section 302/34 I.P.C. against the remaining accused persons/appellants, to which accused persons pleaded not guilty and claimed to be tried.

13. The trial Court, after recording the evidence of witnesses, examination-in-chief and cross-examination, recorded the statement of t