- (1.) - This appeal is filed under the provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act for offences punishable under Sections 148, 302, 302 read with 149, I.P.C. The trial Court acquitted all the accused. The State preferred an appeal. The High Court acquitted A-2 to A-8 but convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life.
(2.) The prosecution case is as follows: The deceased, Suddhu Kurmi and all the accused and material witnesses P.Ws. 1, 3 and 5 belong to Village Bhathlokala. The deceased had two houses one old and the other new. The houses of the accused were located quite closely. The further case of the prosecution is that there was some misunderstandings between the deceased and the accused families and on 22-11-78 at about 7 p.m. the deceased was going from his new house to old house and when he covered a distance of five paces the accused came there armed with tabbals and lathis. The appellant before us who was armed with a tabbal opened the attack and hit the deceased with the tabbal on his head. Thereafter it is alleged that the other accused surrounded and assaulted the deceased. The occurrence was, witnesses by P.Ws. 1, 3 and 5 who were also related to each other. The deceased died and the report was given by P.W. I at Police Station Lormi on the next day. The doctor P.W. 9 who conducted the post-mortem found only two external injuries; one was an incised wound 8" x 1" on the head which resulted in the fracture of skull bones and the other injury was only a lacerated wound. The investigation was completed and the charge-sheet was laid. The accused were arrested and at their instance some weapons like tabbals and lathis were recovered.
(3.) The prosecution mainly relied on the evidence of P.Ws. 1, 3 and 5 who are direct witnesses and the medical evidence. Before the trial Court it was urged that the occurrence time was 7.20 p.m. and it was highly impossible for anybody to identify the assailants, as has been spoken by P.Ws. 1, 3 and 5. The trial Court looked into the almanac and came to the conclusion that at 7. p.m. it must have been dark and, therefore, it would not have been possible for the witnesses to identify the assailants. Mainly in that view of the trial Court acquitted all the accused.;