D.K. Sinha, J. - (1.) BOTH the criminal appeals are taken up together arising out of common judgment and sentence recorded in S.T. No. 66/98 by the 3rd Additional Judicial Commissioner, Ranchi, arising out of Chanho P.S. Case No. 27/97, corresponding to G.R. No. 1671/97.
(2.) IT is relevant to mention that the appellants Asin Ram, Sohan Ram and Vinod Ram of Cr. Appeal (D.B.) No. 17 of 2001 were convicted under Sections 148 and 325 of the Indian Penal Code, accordingly sentenced to undergo rigorous imprisonment for two years and three years respectively. The appellants Krishna Ram and Mohan Ram of Cr. Appeal D.B.) No. 47 of 2001 were sentenced to undergo rigorous imprisonment for two years and three years respectively for conviction of each of them under Sections 148/325 of the Indian Penal Code. Each of them were further convicted under Sections 302/34, Indian Penal Code and awarded rigorous imprisonment for life. Prosecution story in short, as it stands narrated in the Fardbeyan of the informant P.W. -1 Udit Ram on 16.7.1997 at about 7:00 a.m. before the police at the Government Hospital, Chanho that on the previous day i.e. on 15.7.1997 (Tuesday) at about 8:00 p.m. while he was having interaction with his father Laxaman Ram (since deceased), uncle Sukra Ram, mother Sampati Devi and grandfather Raghu Ram on the domestic issues, in the meantime, all the appellants including one Shanti Devi(acquitted) wife of the appellant Asin Ram appeared at the door of the informant and started abusing calling upon the inmates of the house to come out expressing their anger as to why they had been calling Shanti Devi as witch. The inmates including the informant objected the filthy language being used by the accused persons, whereupon, it was alleged that the appellant Asin Ram commanded the other accused persons to eliminate them all. Pursuant to that the appellant Krishna Ram, who was having sword in his hand inflicted blow causing head injury to the mother of the informant Sampati Devi. Informant was assaulted by the appellants Sohan Ram and Vinod Ram with sticks. Consequent to sustaining injuries on his head and near his right eye, he fell down with his mother near a mango tree. It was further alleged that the appellants then started assaulting his grandfather Raghu Ram whereupon the father of the informant Laxaman Ram (since deceased) came forward to rescue the victims but on the command of the appellant Asin Ram, the other accused chased Laxaman Ram with the intention to assault him. His father Laxaman Ram tried to escape from the place of occurrence and started running but having been chased by the appellants Krishna Ram and Mohan Ram, followed by the uncle of the informant Sukra Ram, Laxaman Ram was caught hold by the appellants Krishna Ram and Mohan Ram on the Bijupara -Khelari road at a distance of about 1/2 Km. from Barhaiya and both the appellants with the help of Nepala (dagger) and sword committed murder of his father. No sooner did the witnesses arrive at the scene, both the appellants escaped. His father Laxaman Ram was found dead on the flank of the road sustaining injuries. The dead body was taken care of in the night by the witnesses and the occurrence was communicated to the police in the morning. On the basis of the Fardbeyan of the informant Udit Ram, Chanho P.S. Case No. 27/97 was registered for the alleged offence under Sections 147/148/149/323/307/302 of the Indian Penal Code against all the six named accused persons including one Shanti Devi. The Investigating Officer submitted charge -sheet against all the six named accused under the alleged offence. After commitment, charge was framed against the appellants Krishna Ram and Mohan Ram under Sections 302/34 of the Indian Penal Code. Besides, charges against all the six named accused Krishna Ram, Mohan Ram, Asin Ram, Sohan Ram, Vinod Ram, and Shanti Devi were framed under Sections 148/149/324/325/307 of the Indian Penal Code, to which they pleaded not guilty and claimed trial. After examination of nine witnesses produced on behalf of the prosecution, the accused -appellants including Shanti Devi were examined under Section 313 of the Code of Criminal Procedure who were confronted with the incriminating materials collected in course of trial, to which they denied their guilt and expressed desire to adduce evidence in their defence.
(3.) THAT apart, the prosecution proved the post -mortem report of the deceased Ext.5; injury reports of the injured witnesses Exts. 6, 6/1, and 6/2; Fardbeyan Ext.1/1; Seizure list Exts.3 and 4/2; formal F.I.R. Ext.7; requisition of injury reports of the witnesses Exts. 8, 8/1, and 8/2. The defence produced and examined three witnesses and proved the death certificate of Laxaman Ram Ext.A; copy of the petition of Sampati Devi Ext.B; order sheet Ext.C and signatures of the four witnesses on the order sheet being Exts. B/1, B/2, B/3, and B/4.;