SUNIL KUMAR SINHA,J. - (1.) THESE appeals are directed against the judgment dated 24th of February, 1995 passed in Session Trial No.205/ 93 by the Seventh Additional Session Judge, Bilaspur. By the impugned judgment the appellants were convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life.
(2.) APPELLANTS Radhe Singh and Khorwa @ Manglu died during the pendency of the appeal, therefore, their names have been deleted from the cause title of the respective appeals and the appeals filed on behalf of appellant Radhesingh and appellant Khorwa @ Manglu have abated. The facts, briefly stated, are as under: Deceased Guharam was resident of Village Beeja. On 8.3.1993, he had gone to village Ghongadih. At about 10-11.00 p.m., he was returning to village Beeja by his bicycle. The case of the prosecution is that as soon as he reached near the house of Sahasram (Sanchram PW3) he was stopped by the appellants; an altercation took place and appellants assaulted him by tabbal. Sahasram (PW3) witnessed the incident. Sahasram (PW3) immediately went to the house of Bhuwan Ram (PW2 son of deceased Guharam) and narrated the story to Bajharin Bai (aunt badi Ma) of Bhuwan Ram (PW2). Bajharin Bai then narrated the story to Bhuwan Ram (PW2) who firstly went to the place of occurrence, saw the dead body of his father and lodged the First Information Report (FIR-Ex. P11). The Investigation Officer reached to the place of occurrence, gave notice (Ex.P1) to the Panchas and prepared inquest (Ex.P2) on the dead body of the deceased. The dead body was sent for post-mortem to Primary Health Center, Takhatpur vide requisition Ex.P12. The post-mortem examination was conducted by Dr. V.K. Soni (PW5). He noticed following injuries on the dead body of the deceased: (i) Big lacerated crushed wound extending from left ear to right ear, there were multiple fractures over the skull bones, the upper portion of skull was opened, brain membrane was ruptured and brain tissues were crushed; (ii) Lacerated wound extending from left cheek to right eye, 12 cm x 2 cm, teeth were uprooted, there were fractures on left maxillary bone and right mandibolar bone, there was also fracture on nasal bone; and (iii) Bluishness 10 cm x 1 cm on the left portion of chest. According to the Autopsy Surgeon all the injuries were ante-mortem and injury no. (i) was sufficient to cause death in ordinary course of nature. The death was homicidal. The postmortem report is Ex.P13.
(3.) THE case of the prosecution was based on the eye-witness account of Sahasram (PW3). The learned Session Judge relied on the testimony of Sahasram (PW3) and held that it was proved beyond all reasonable doubts that the appellants, sharing common intention, assaulted the deceased and the deceased died on account of assault mainly given by the appellants Radhe Singh and Gorelal and 2 other appellants shared common intention with them.;