- (1.) Five appellants before us, namely, bechara Kora Modi, Patiram @ Pokia, sitaram Modi, Hariram Modi and Lakhiram modi were convicted by the trial court under Section 302/34 IPC and were sentenced to undergo Rl for life and fine of rs. 1000/-, in default to undergo Rl for one year. Their appeal has been dismissed by the impugned order of the High Court, hence this appeal by special leave.
(2.) The only eye witness on the sole basis of which appellants have been convicted by the trial court and confirmed by the High court is PW-6, Labanu Barmen @ Labanu. The evidence on record shows that when the witness heard halla, he came out from the house of Akshay Barman (dead) and found that Bechara, Sitaram, Lakhiram, hariram and Patiram surrounded the deceased Saifur Rahamen in the paddy field of Rabi Modi with shouting when Lakhiram, the accused, struck spade blow on the head of Saifur Rahamen from his behind and all of them ran away to the west of the field. PW-10, who appears to be material witness corroborated the statement of PW-6 and stated that when he was at home, his grand father shouted with loud voice that the aforementioned accused were assaulting saifur Rahamen and Lakhiram struck a spade blow on his head. No prosecution witnesses has stated that the other accused also had weapon in their hands and assaulted Saifur Rahamen. No injury said to have been inflicted on the body of the deceased Saifur Rahamen has been attributed to the other accused, except accused lakhiram. PW-15, Dr. D. P. Chatterjee conducted the post-mortem and found the following eight injuries: - 1. Three sharp cut wounds behind the left ear 1/2" x 1/2" x 1/4", 2" x 1/2" x 1" and 1" x 1/2" x 1" on the scalp. 2. One lacerated wound 1 1/2" x 1" x 1/2" 3. One lacerated wound 1 1/2" x 1" x 1/2" x 1 1/2" on the occipital region of the scalp. 4. One sharp cut wound 1" x 1/2" x 1 1/2" on the left shoulder. 5. One abrasion on left illiac creast 1" x 3/4" 6. One severely lacerated wound 13" x 4" x 5" from left temporal region to right temporal region across vertex of the scalp resulting laceration of brain matter. 7. One lacerated would on the pina of the left ear 1" x 1/2" x 1/4.8. Fractures present on all the crenial bones, brain crashed and punched out some portion.
(3.) Injuries nos. 3 and 6 corresponds to the blow inflicted by accused Lakhiram with spade on the scalp of the deceased.;