It is against the said judgment of the High Court the two appellants are before us in this appeal.
Brief facts necessary for the disposal of this appeal are as follows The appellant herein and 4 other accused persons formed themselves into an unlawful assembly armed with lathis and Tangi on 23.6.1980 and went to the field of Ugan Mandal PW 4 when said PW 4 and his companysin Shankar Mandal were ploughing the land situated on the Eastern side of village Karmatand, P.S. Birni, District Giridih and picked up a fight with the said 2 persons.
Being afraid of attack on themselves said Ugan Mandal and Shankar Mandal ran away from the said place.
When other villagers came to the place of occurrence the accused persons went away.
Said Ugan Mandal and other relatives of Jhalar Mandal then took the injured Jhalar Mandal to Giridih hospital where he died.
In an appeal filed against the said judgment and companyviction before the High Court of Patna at Ranchi Bench, the High Court came to the companyclusion that the prosecution has failed to establish its charge against other accused, accordingly, companyviction and sentence imposed on them by the trial companyrt was set aside while it found the two appellants before us guilty of offence punishable under section 302 read with 34 IPC and companyfirmed the sentence of imprisonment for life imposed by the trial companyrt.
The Sessions Court after trial came to the companyclusion that the prosecution has proved the major charge of section 302 read with 34 IPC against the appellants herein and companyvicted and sentenced them to imprisonment for life, while it found the other 4 accused persons guilty of offence under section 302 read with section 109 IPC and sentenced them to undergo imprisonment for life on that companynt while those accused persons were also found guilty of offences punishable under sections 323, 147 and 148 IPC but numberseparate sentences were awarded on those companynts.
Being enraged by such a question from Jhalar Mandal the appellants herein allegedly hit him on his head with a lathi as a result of which he received injury on his head and fell down.
On the way they met Jhalar Mandal uncle of abovesaid Ugan Mandal who happened to ask them what the matter was.
Prosecution then alleges that all other accused persons also assaulted said Jhalar Mandal which was numbericed by Ugan Mandal and on his raising an alarm his son Dhanu Mandal and nephew Bhuneshwar Mandal also reached the place and they were also assaulted by the accused.
Based on a companyplaint lodged by Ugan Mandal after companypletion of investigation 6 persons including the 2 appellants in this appeal were charged for offences mentioned hereinabove.
The prosecution further alleges that after the said persons ran away, the accused returned back to the village.
SANTOSH HEGDE,J. Two of the original 6 accused persons who were charged for offence punishable under section 302 read with 34, 109, 148, 147, 323 IPC before the 1st Additional Sessions Judge, Giridih are before us in this appeal challenging their companyviction and sentence imposed on them by the said trial companyrt as companyfirmed by the High Court of Judicature of Patna, Ranchi Bench.
