- (1.) BOTH the criminal appeals, since arising out of the same case, were heard together and are being disposed of by the common judgment.
(2.) ALL the aforesaid three appellants were put on trial on the accusation of committing murder of one Lalan Yadav in furtherance of their common intention. They were also charged for causing grievous injuries to the informant -Mahendra Yadav (P.W.6). The trial court having found all three appellants guilty of the charges convicted them for the offences punishable under Section 323, 326/34, 341/34 and 302/34 of the Indian Penal Code vide its judgment dated 18.3.2005 passed in Sessions Trial No. 246 of 2003 and sentenced each of them to undergo rigorous imprisonment for life for the offence under Section 302/34 of the Indian Penal Code vide order dated 21.3.2005. However, no sentence was awarded for the offences punishable under Sections 326, 323 and 341 of the Indian Penal Code. The case of the prosecution, as has been made out in the fardbeyan (Ext.4) of the informant -Mahendra Yadav (P.W.6), is that on 4.11.2002 at about 8pm while the deceased -Lalan Yadav in a way to his house reached near the house of the appellant -Sudhir Rajak, the appellant -Sudhir Rajak asked for money from Lalan Yadav (deceased) for playing gamble which the deceased -Lalan Yadav refused to part with. Thereupon, appellant -Sudhir Rajak and his brothers namely, Firangi Rajak (absconded) and Sunil Rajak, as well as his father -Meghnath Rajak assaulted Lalan Yadav (deceased) with lathi, farsa etc. during which course Lalan Yadav (deceased) received injuries over his head and fell down on the ground. Seeing this, when informant -Mahendra Yadav (P.W.6) came there to rescue his brother -Lalan Yadav, he was also assaulted as a result of which, he also sustained injury. Meanwhile, several persons assembled there and then the accused persons fled away from there.
(3.) THEREUPON , the informant -Mahendra Yadav (P.W.6) and other persons namely, Yamuna Yadav (P.W.4), Nand Lal Yadav (P.W.2), Roshan Lal Yadav (P.W.3) and Rameshwar Yadav (P.W.5) -father of the deceased, brought Lalan Yadav to his house from where he was taken to Peterwar Primary Health Centre where first aid was given to him and then the hospital authority asked them to take Lalan Yadav (deceased) to RMCH, Ranchi where Lalan Yadav was taken but on 5.11.2002 he died. While the deceased -Lalan Yadav had been taken to Peterwar hospital an OD slip was issued to Peterwar police station. On receiving the OD slip, one Harendra Prasad Singh (P.W.9) posted as Sub Inspector of Police, Peterwar police station, came to the hospital where he recorded the fardbeyan (Ext 4) of Mahendra Yadav (P.W.6) upon which the case was registered under Sections 341, 323, 324, 325 and 307/34 of the Indian Penal Code against the appellants as well as Firangi Rajak. When the injured -Lalan Yadav was taken to Peterwar hospital, he was examined by Dr. P.N. Prasad (P.W.7) who did notice the following injuries on the person of Lalan Yadav : - "a. sharp cutting wound on the left side on the left parietal bone which is about 2' x 1/2' x bone deep. b. sharp cutting wound on the right side on the right parietal bone which is about 2' x 1/2' x bone deep. c. sharp cutting wound on occipital region which is about 3/4' x 1/2' x bone deep. d. scratching on posterior aspect of left upper arm near elbow joint which is about 1' x 1/4'." The doctor did not express his opinion over the nature of injury. However, when Lalan Yadav succumbed to his injuries on 5.11.2002, the Investigating Officer sent a requisition before the court concerned for adding Section 302/34 of Indian Penal Code which was accordingly allowed. Meanwhile, the Investigating Officer held inquest on the dead -body of the deceased and prepared an inquest report and sent the dead -body for postmortem examination which was conducted by Dr. Tulsi Mahto -P.W.8 who upon holding autopsy on the dead -body of the deceased found the following injuries on the person of the deceased: - "Externally (A) Abrasion i. 2cm x 1/4' and 1 -1/2' x 1' one the left forearm back middle part. (B) Lacerated wound stitched un -united i. 7cm long on the left fronto parietal region of head situated anterior posteriorly. ii. 5cm long on the right fronto parietal region of head situated anterior posteriorly. iii. 3cm long on the right parietal eminence of the head. Internally There was diffuse contusion of left fronto parieto temporal skull and right parietal scalp. There was a crack fracture of left tempero parietal bone with separation of left side of coronal suture. There is contusion of brain and presence of subdural blood and blood clot over both sides of brain.";