Later when Santu Manjhi A2 came to know of the filing of the present appeal he sent a petition for leave for special leave separately, but that was dismissed by this Court on 24.04.2000 vide S.L.P. Crl.
We heard Mr. Shekhar Prit Jha, learned Counsel for the appellants and Mr. B.B. Singh, learned standing Counsel for the State of Bihar.
PW 3 Battu Punjhar is the only witness who did number belong to either of the factions.
In other words he is depicted by the prosecution and the defence as the only independent witness.
According to PW 3, the deceased was attacked only by three persons and he saw only A2 Santu Manjhi, A3 Gaya Manjhi and A4 Sukdeo Manjhi.
Some days after the High Courts judgment was pronounced one more companyvicted person died and his name is Ruplal Manjhi.
PW 1 Kanthi Manjhi and PW 2 Bishwanth Manjhi are the brothers of the deceased.
The last cut severed his neck into two that was the end of the deceased.
Seeing the assailants rushing behind them the deceased and his brother Biswanath Manjhi took to their heels and the assailants chased them.
Those three are A2 Santu Manjhi, A3 Gaya Manjhi and A4 Sukdeo Manjhi.
All of them filed an appeal before the High Court and while the appeal was pending Jailal Manjhi died.
Two of the assailants shot arrows and when the deceased fell down, A2 Santu Manjhi cut his neck by inflicting a bhala blow.
A Division Bench of the High Court companyfirmed the companyviction and sentence of all those nine persons.
So, the appeal was heard in respect of the remaining nine companyvicted persons.
Three eyewitnesses were examined by the prosecution.
Out of the remaining 8 persons three did number file any appeal along with the present appellants.
On sighting the deceased they emerged out of the bushes and then they were all variously armed.
It was followed by A3 Gaya Manjhi cutting with a sword and A4 Sukdeo Manjhi cutting with bhujali something like a chopper .
Thus the position is that those three persons have number to undergo imprisonment for life in respect of the offence under Section 302 read with Section 149 I.P.C. We are number only companycerned with the remaining five who are the appellants herein.
