- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.09.2005 passed by the then learned Additional Sessions Judge, Simdega in Sessions Trial No. 125 of 2001 whereby and whereunder the court having found all the ten appellants guilty for committing murder of Persuram Yadav after forming unlawful assembly and also for making an attempt on the life of the informant Sri Ram Yadav, Permeshwar Yadav and also Bhushan Yadav, convicted them for the offence punishable under Sections 302/149, 307/149 and 148 of the Indian Penal Code and sentenced them to undergo imprisonment for life for the offence punishable under Section 302/149 of the I.P.C. However, no separate sentence was passed either for the offence under Section 307/149 or under Section 148 of the Indian Penal Code.
(2.) The case of the prosecution is that on 06.08.2001 at about 3.00 p.m. Bhushan Yadav- grandson of the informant, Sri Ram Yadav-P.W.-1, Persuram Yadav (deceased) and Permeshwar Yadav (both sons of the informant) had gone to the market on a motorcycle. In course of their return when they reached near the house of Madan Yadav at about 5.30 p.m. all the appellants accosted them and started abusing. This was objected by the informant Sri Ram Yadav-P.W.-1. Upon it, the appellantNandu Yadav exhorted his four sons (all appellants) to kill them. Thereupon, the appellant Madan Yadav gave two 'Tangi' blows, one on the neck and other on the chest of Persuram Yadav, as a result of which he became injured and fell down on the ground. Thereafter, appellant Gosul Yadav inflicted 'Chura' injury on the person of Permeshwar Yadav. When the informant tried to intervene in the matter, he was assaulted by Sudhan Yadav by 'Balua'. Said Sudhan Yadav also assaulted Bhushan Yadav. Thereupon, as per the case of the prosecution, dead body of Persuram Yadav was brought home and then the informant alongwith others went to Kurdag police station to inform the police. On receiving information one S.I., A.K. Singh came to the village and recorded the fardbeyan of the informant on 07.08.2001 at about 1.30 a.m., upon which a formal F.I.R. was drawn.
(3.) The I.O. (who has not been examined) when took up investigation, held inquest on the dead body of Persuram Yadav and prepared an inquest report (Exhibit-1). Thereupon, dead body was sent for post-mortem examination which was conducted by doctor-Subhash Tetarway (P.W.-12). On holding autopsy, the doctor did find following external injuries: (i) A sharp cut wound was seen on the right side of face extending from 2" behind the chin across the mandible to the base of right side of occiput. Size 10" x 4" x bone deep. A piece of angle of mandible was fractured and moved away with lower flap of skin. All major vessels on the right side of neck were cut. A piece of lobule of right ear was also cut and hanging with the skin. The wound was ante-mortem in nature. (ii) A sharp cut wound was seen on the chest extending from left margin of the sternum in the second intercostals space to the right and down to end around fourth intercostal space-size 11" x 3" x bone deep. Fracture of sternum as well as III, IV and V ribs. The doctor issued post-mortem examination report with an opinion that death was caused due to shock and haemorrhage, on account of aforesaid injuries caused by sharp cutting weapon.;