- (1.) ALL the aforesaid eight appeals since arising out of the common judgment, were heard together and are being disposed of by the common judgment.
(2.) ALL these nine appellants were put on trial alongwith one Basant Singh on the accusation of committing murder of Bhisma Singh in furtherance of their common intention and also on the accusation that they, in furtherance of their common intention, did assault the informant Indrawati Devi and her son Manoj Singh, with a view to kill them. The Court having found them guilty, convicted them vide its judgment dated 26th May 2005 under Sections 148, 341, 302/149 and 307/149 of the Indian Penal Code and sentenced them vide order dated 27th May 2005 to undergo imprisonment for life for the offence under Section 302/149 IPC and further to undergo R.I. for seven years for the offence under Section 307/149 IPC and also to undergo R.I. for two years for the offence under Section 148 IPC as well as S.I. For one month for the offence under Section 341/149 IPC. The case of the prosecution is that the deceased Bhisma Singh - the husband of the informant Indrawati Devi (PW -7) had developed illicit relation with one Basanti Devi (PW -4) the wife of one Chatradhari Singh, who happened to be the agnate of the deceased. On account of that a Panchayati was convened under the Chairmanship of Basant Singh, in which it was decided that the deceased would be transferring two Bighas of land in the name of Basanti Devi and will also get a house constructed for her. The deceased did not obey the decision taken in the Panchayati and, therefore, he was living elsewhere. During this period, Basant Singh visited the house of the deceased at 4 -5 times and held out threats to the informant to call her husband otherwise she will have to face dire consequences. Further case is that on 15/04/2003, at about 07:00 P.M when Bhisma Singh came home, his wife Indrawati Devi told him that he is being searched by Basant Singh. Upon it, Bhisma Singh (deceased) disclosed to his wife that appellant Prakash Singh had seen him coming home. Thereafter, they, after taking meal, retired to bed. In the midnight at about 12:30, appellant Prakash Singh came and made them awake and then took Bhisma Singh alongwith him. Immediately thereafter, the informant heard utterances of several persons coming from outside of the house and then she made her son Manoj Singh (PW -6) awake and came out of the house with Manoj Singh having Torch with them. When they came out, they saw the appellants and some other persons, who were variously armed, taking Bhisma Singh near a Jack -fruit Tree. As soon as they reached near the jack -fruit tree, Lalmuni Singh gave a Lathi blow on the head of Manoj Singh as a result of which he sustained injury and fell down. However, he fled from there towards Murli Pahari village due to fear. Thereafter, the appellants, who were variously armed, started assaulting Bhisma Singh. In that course, the appellant Prakash Singh gave two blows over the head of Bhisma Singhy by 'Daav' and then other persons also started assaulting him with Lathi. Meanwhile, Basant Singh came there alongwith the appellant Mihir Singh, who told the other persons to kill Bhisma Singh as it would be full of risk if he is let off. Thereupon, Lalmuni Singh did thrust Lathi over his eyes. Meanwhile, appellant Deg Narayan Singh also exhorted others to kill the informant and then appellant Prakash Singh gave a Daav blow over the head of the informant with a view to kill her and the appellant Kauri Singh inflicted 'Chhura' injury on her chest as a result of which she fell down and then other persons started assaulting her with Lathi. Thereupon, the appellants by taking her dead, took away her husband by dragging him. The informant any how reached home by which time her son Manoj Singh (PW -6) also reached home alongwith Amar Singh (PW -1), Shri Singh (PW -2) and Rohan Singh (PW -3). Who took the informant Indrawati Devi to Narayanpur Hospital where they did find the dead body of Bhisma Singh. On the next day, i.e. 16/04/2003, when the Officer -in -charge of Narayanpur Police Station Madan Mohan Prasad Sinha, came to know through rumour that a man has been killed, he came to hospital and recorded the fardbeyan (Ext. -4) of Indrawati Devi at about 04:45 AM, wherein the informant Indrawati Devi (PW -7) narrated about the incident as has been stated above, upon which a first information report (Ext. -5) was drawn.
(3.) ONE , Mukesh Chandra, ASI of Narayanpur police station took over the investigation, during which he held inquest on the dead body and prepared an inquest report and sent the dead body for Post Mortem examination, which was conducted by Dr. Ramprit Singh (PW -9). On holding autopsy, the Doctor did find the following antemortem injuries on the persons of the deceased: - (i) Both eyes were lacerated. (ii) Bruise on right eyes 2" x 1". (iii) Lacerated wound 2" x 1/2" x skin deep on occipital region. (iv) Lacerated wound 2" x 1/4" x cavity deep on right parietal region of head. (v) Cut wound 2" x 1/4" mussels deep on left arm. (vi) Bruise 2" x 1/4" on right scapular region. (vii) Multiple bruises and wound 1" x 1/2" on left front chest. (viii) Crushed left foot toe. (ix) Crushed right foot toe. Upon dissection blood and blood clots were found in scalp brain cavity. Occipital and right parietal skull bone were fractured. Left chest cavity was full of blood clots and multiple ribs fractured on left chest. Blood and blood clots were found at other bruise and injured sites.;