VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the appellants named above against the judgment dated 14.12.1989 in Sessions Trial No. 442 of 1983 passed by Shri Satyendra Singh, 4th Additional Sessions Judge, Palamau at Daltonganj whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.1.
(2.) THE prosecution case has arisen on the basis of fardbeyan (Exhibit -1) of P.W.2, Surji Devi recorded by S.1. R.K,Mishra of Latehar P.S.on 7.3.1978 at 7.00 hours at village -Kumandih, P.S. -Latehar, District Palamau regarding the occurrence which is said to have been taken place on 6.3.1978 at 14.00 hours in the cow -shed of the Animal Husbandry Department in the said village. The prosecution case, in brief, is that her father, Komal Mochi works in the cow -shed of the Animal Husbandry Department situate in village -Kumandih and she was in the cow -shed at about 14.00 hours on the date of the occurrence and her father was not present there and Jamuna Sah came running from the south raising alarms to save his life and the informant came out of the said cow -shed and in the meantime Jamuna Sah aforesaid took shelter in the said cow -shed. All the appellants also entered into the said cow -shed chasing and abusing Jamuna Sah aforesaid and appellant, Budhan Singh and Pati Oraon were armed with Lathi and they were uttering to assault Jamuna Sah as he creates hinderance in their sale of liquor and thereafter appellant, Budhan Singh and Amerika Singh started assaulting Jamuna Sah with fist and slap and the appellant, Giriwar Dubey and Churki Oraon caught Jamuna Sah and thereafter appellant, Amerika Singh gave a blow by fist on the neck of Jamuna Sah and he fell down and thereafter appellant, Pati Oraon stretched his leg and they fled away from there and while fleeing away from there they abused the informant and intimidated her to be done to death if she tells about the occurrence to anyone. It is alleged that the informant also fled away from there and went to the market and informed about the occurrence to the wife (P.W.3) of Jamuna Sah aforesaid and also disclosed the names of the assailants and thereafter the informant returned in the company of P.W.3, the wife of Jamuna Sah in the said cow -shed and found Jamuna Sah dead. Half an hour thereafter Gultan, the village Choukidar came there. It is also alleged that Jamuna Sah, deceased used to sale liquor in the market as well as in the village -Barkadih against the wish of appellant, Budhan Singh due to this all the appellants have assaulted the deceased as a result of which Jamuna Sah has died. It is also alleged that all the appellants except Budhan Singh works as coolie in the vehicle of appellant Budhan Singh and appellant Amerika Singh, who is brother -in -law of Budhan Singh sales liquor for appellant Budhan Singh, living with him.
(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence that they have been falsely implicated in this case and the deceased might have been killed by someone somewhere when he had committed mischief in a drunken state.;